| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 321 |
| Hearing date | 4-Sep-15, 14-Sep-15 (2 days) |
| Determination date | 13 October 2015 |
| Member | Anna Fitzgibbon |
| Representation | J Rogers ; S Langton |
| Location | Auckland |
| Parties | Ellis v Sports Marketing Ltd t/a Experience Group |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Redeployment - Sales and marketing manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Redundancy for genuine business reasons. Respondent tried to keep applicant in employment. Respondent did not use redundancy to remove applicant from business. Respondent engaged in extensive consultation, provided applicant with all relevant information and allowed applicant opportunity to comment and have comments considered. Respondent did not consider applicant to be suitably qualified for one role applicant wanted and discussed concerns with applicant. Respondent invited applicant to apply but did not offer applicant role outright. Applicant qualified for other available role, but role more junior and remuneration much lower. Respondent invited applicant to apply for role. Respondent’s decision not to redeploy justified. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s174E |
| Cases Cited | GN Hale & Son Ltd v Wellington Caretakers IUOW [1991] 1 NZLR 151 (CA);Jinkinson v Oceana Gold (NZ) Ltd (No 2) [2010] NZEmpC 102, (2011) 9 NZELC 93;Rittson-Thomas t/a Totara Hills Farm v Davidson [2013] NZEmpC 39, [2013] ERNZ 55;Rolls v Wellington Gas Co [1998] 3 ERNZ 116 (EmpC);Simpson Farms Ltd v Aberhart [2006] ERNZ 825 (EmpC) ;;Wang v Hamilton Multicultural Services Trust [2010 ] NZEmpC 142 , [2010] ERNZ 468 |
| Number of Pages | 23 |
| PDF File Link: | 2015_NZERA_Auckland_321.pdf [pdf 327 KB] |