| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 120 |
| Hearing date | 19 Jun 2015 |
| Determination date | 12 August 2015 |
| Member | D Appleton |
| Representation | P Cranney ; C Smith |
| Location | Invercargill |
| Parties | Glozier and Ors v Alsco Ltd |
| Other Parties | Cameron, Bennett |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicants claimed unjustifiably dismissed by respondent – BREACH OF CONTRACT – Applicants claimed respondents breached collective employment agreement (“CEA”) by failing to discuss other options with applicants or union - Laundry workers |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Respondent failed to tell applicants about scoring system used in selection process, and failed to give applicants information about own scoring or chance to comment. Respondent took previous disciplinary issues into account, but did not tell applicants issues would be considered. Dismissal unjustified. REMEDIES: No contributory conduct. Reinstatement reasonable and practical for third applicant. Respondent to pay second applicant $11,467 reimbursement of lost wages and third applicant $3,504 reimbursement of lost wages. $7,000 compensation appropriate for first applicant, $7,500 for second applicant and $8,000 for third applicant.BREACH OF CONTRACT: Respondent failed to reach agreement with union on appropriate options or discuss other options with applicants. Respondent breached CEA, but no penalty or damages sought. No damages. |
| Result | Application granted (unjustified dismissal) ; Orders made ; Reinstatement (third applicant) ; Reimbursement of lost wages ($11,467.80)(second applicant)($3,504.60)(third applicant) ; Compensation for humiliation etc ($7,000)(first applicant)($7,500)(second applicant)($8,000)(third applicant) ; Application partially granted (breach of contract) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s124;ERA s125;ERA s126;ERA s128;ERA s128(3) |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466;Aoraki Corporation Ltd v McGavin [1998] 3 NZLR 276 (CA);Baguley v Coutts Cars Ltd [2000] 2 ERNZ 409 (EmpC);Christchurch City Council v Davidson [1997] 1 NZLR 275 (CA);Lewis v Howick College Board of Trustees [2010] NZCA 320, (2010) 7 NZELR 539;Summers v Nelson Pine Industries Ltd [2012] NZERA Christchurch 88;Walker v Firth Industries [2014] NZEmpC 60, (2014) 11 NZELR 779 |
| Number of Pages | 25 |
| PDF File Link: | 2015_NZERA_Christchurch_120.pdf [pdf 301 KB] |