| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 204 |
| Hearing date | 18 - 19 Nov 2015 (2 days) |
| Determination date | 22 December 2015 |
| Member | Helen Doyle |
| Representation | P O'Sullivan (in person) ; MJ Thomas |
| Location | Invercargill |
| Parties | O'Sullivan v Southland YMCA Education Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by restructuring process – Applicant claimed unjustifiably dismissed – Tutor |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL:. Dismissal claim subsumed unjustified disadvantage claim. No unjustified disadvantage. Redundancy for genuine reasons. New position not substantially same as applicant’s. Respondents breached duty of good faith and failed to follow fair process by not providing new job description information and not consulting with applicant before decision made. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $2,304 reimbursement of lost wages. $7,000 compensation etc appropriate. |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($2,304) ; Compensation for humiliation etc ($7,000) ; Application dismissed (unjustified disadvantage) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(c);ERA s103A;ERA s123(1)(b);ERA s123(1)(c)(i);ERA Second Schedule cl10(1) |
| Cases Cited | Grace Team Accounting Ltd v Brake [2014] NZCA 541, [2015] 2 NZLR 494;Stevens v Hapag-Lloyd (NZ) Ltd [2015] NZEmpC 28 |
| Number of Pages | 21 |
| PDF File Link: | 2015_NZERA_Christchurch_204.pdf [pdf 313 KB] |