| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 9 |
| Hearing date | 4 - 5 Nov 2015 (2 Days) |
| Determination date | 08 January 2016 |
| Member | Tania Tetitaha |
| Representation | G Bennett ; R Harrison |
| Location | Auckland |
| Parties | Spitzbart v Solarix networks Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant sought rehearing of evidence of witness for respondent – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed – PENALTY – Applicant sought penalty for respondent’s breach of good faith– Customer support manager |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: No evidence of alleged influence over witness. Applicant had chance to cross examine witness. Authority capable of impartially weighing evidence. Application for rehearing dismissed.;UNJUSTIFIED DISMISSAL: Respondent not intending to terminate applicant’s employment during restructure but only disestablish role. Respondent had raised possibility of new merged role for applicant. Respondent had not made applicant redundant. Respondent met obligations to provide information. No obligation to provide information about redundancy where employer does not contemplate redundancy. No serious breach of duty occurred such that employer would have foreseen resignation. No dismissal.;PENALTY: Respondent did not breach good faith duty to provide information. No penalty. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s157(2)(a) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers Industrial Union of Workers Inc [1994] 2 NZLR 415 (CA);Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);Wellington, Taranaki and Marlborough Clerical Administration and Related Workers IUOW v Greenwich t/a Becket Employment [1983] ACJ 965 (AC) |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Auckland_9.pdf [pdf 175 KB] |