| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 11 |
| Hearing date | 24 July, 5 - 6 Oct 2015 (3 days) |
| Determination date | 11 January 2016 |
| Member | James Crichton |
| Representation | M Scott ; M Smyth |
| Location | Auckland |
| Parties | Teinaki v Nature's Sunshine Products (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISAL – Redundancy – Applicant claimed unjustifiably dismissed – Customer services specialist |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant’s position disestablished after restructuring proposal. Applicant dismissed by way of redundancy. Restructure designed to make business more efficient. Fair and reasonable employer could have concluded genuine business reasons for redundancy. Respondent raised issues with applicant and gave opportunity for feedback. Applicant provided with relevant information. If applicant wanted further information, applicant should have asked. Redundancy not motivated by improper motives. Applicant justifiably dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s103A |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ 466;Grace Team Accounting Ltd v Brake [2014] NZCA 541, [2015] 2 NZLR 494;GN Hale & Son Ltd v Wellington Caretakers IUOW [1991] 1 NZLR 151 (CA);Rittson-Thomas t/a Totara Hills Farm v Davidson [2013] NZEmpC 39, [2013] ERNZ 55;Vice-Chancellor of Massey University v Wrigley [2011] NZEmpC 37, [2011] ERNZ 138 |
| Number of Pages | 16 |
| PDF File Link: | 2016_NZERA_Auckland_11.pdf [pdf 265 KB] |