| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 153 |
| Hearing date | 15-Jun-15 |
| Determination date | 13 October 2015 |
| Member | Christine Hickey |
| Representation | J Beck ; J Nadan |
| Location | Dunedin |
| Parties | Hamilton v Advance International Cleaning Systems (NZ) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by not working out notice period – Applicant claimed unjustifiably dismissed – Branch Sales Manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Respondent failed to investigate concerns, raise concerns, and allow applicant reasonable opportunity to respond to the allegation that applicant told clients about his redundancy. Respondents did not seek to hold applicant to any confidentiality about impending redundancy once redundancy decision was made. Applicant unjustifiably disadvantaged by having to finish immediately and not work out notice period. At first meeting between parties, possibility of applicant’s role being made redundant not discussed. Respondents did not provide financial information to applicant during the consultation period. Some financial information did not exist at time. Respondents did not give serious consideration to alternative proposals to disestablishment of applicant’s role. Respondent’s lack of clear and demonstrable reasoning for disestablishment of role for mixed motives. Respondent breached fair processes by not providing information, and not giving serious consideration to suggestions. Breaches not minor and resulted in applicant being treated unfairly. Applicant unjustifiably dismissed. REMEDIES: No contributory conduct. Respondent to pay applicant $6,957 reimbursement of lost wages. $8,000 compensation appropriate. |
| Result | Applications granted ; Reimbursement of lost wages ($6,957.53) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(b);ERA s4(1A)(c);ERA s4(1A)(d);ERA s4(4)(d);ERA s4(4)(e);ERA s103A(3);ERA s123(1)(b);ERA s123(1)(c)(i);ERA s128(2) |
| Cases Cited | Rittson-Thomas t/a Totara Hills Farm v Davidson [2013] NZEmpC 39, [2013] ERNZ 55 |
| Number of Pages | 16 |
| PDF File Link: | 2015_NZERA_Christchurch_153.pdf [pdf 277 KB] |