| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 28 |
| Hearing date | 24 - 26 Nov 2015 (3 days) |
| Determination date | 22 January 2016 |
| Member | Eleanor Robinson |
| Representation | C Stewart ; A Sharp |
| Location | Auckland |
| Parties | Stormont v Peddle Thorp Aitken Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed – DISPUTE – Applicant claimed respondent failed to correctly pay bonus entitlement – GOOD FAITH – Applicant claimed respondent breached good faith by not fully engaging over bonus issue - Interior design associate |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Genuine business reasons for redundancy. Redundancy not motivated by dispute over bonus or applicant’s difficulties with respondent’s director. Respondent provided relevant information to applicant and gave applicant opportunity to provide feedback. Respondent carried out fair process.;DISPUTE: Applicant required to be paid bonus. Formula for calculating bonus set out. Respondent paid bonus in accordance with employment agreement. Question answered in favour of respondent.;GOOD FAITH: Divergence of views over bonus issue but respondent open to discussing matter. No breach of good faith. |
| Result | Applications dismissed ; Question answered in favour of respondent ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(c);ERA s4(1A)(c)(i);ERA s4(1A)(c)(ii);ERA s103A |
| Cases Cited | Association of Staff in Tertiary Education Inc: Aste Te Hau Takitini O Aotearoa v Hampton, Chief Executive of the Bay of Plenty Polytechnic [2002] 1 ERNZ 491 (EmpC);GN Hale & Son Ltd v Wellington Caretakers IUOW [1991] 1 NZLR 151 (CA);NZ Meat Workers & Related Trades Union Inc v Silver Fern Farms Ltd [2009] ERNZ 149 (EmpC);New Zealand Professional Firefighters Union v New Zealand Fire Services Commission [2011] NZEmpC 149;New Zealand Tramways and Public Transport Union Inc v Transportation Auckland Corp Ltd [2006] ERNZ 1005 (EmpC);Rittson-Thomas t/a Totara Hills Farm v Davidson [2013] NZEmpC 39, [2013] ERNZ 55;Simpson Farms Ltd v Aberhart [2006] ERNZ 825 (EmpC) |
| Number of Pages | 26 |
| PDF File Link: | 2016_NZERA_Auckland_28.pdf [pdf 286 KB] |