| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 12 |
| Determination date | 16 February 2016 |
| Member | Christine Hickey |
| Representation | D Beck ; T Cleary |
| Location | Christchurch |
| Parties | Simes v Silver Fern Farms Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Applicant’s role disestablished and contracted out to company A |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Employment agreement provided for process of negotiation between respondent and company A to secure applicant similar role. By instructing respondent to cease negotiations with company A applicant waived contractual protections which apply when position disestablished. Inequitable to require respondent to pay redundancy compensation. Applicant resigned before redundancy process completed. No dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A) - ERA s4(1B) - ERA s4(1C) - ERA s174D(1) - ERA s174(2) - ERA s174D(3) |
| Cases Cited | New Zealand Professional Firefighters Union v New Zealand Fire Service Commisson [2011] NZEmpC 149;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5; [2010] 2 NZLR 444;Westpac Banking Corporation v Smythe EmpC Auckland AC5/06, 10 February 2006 |
| Number of Pages | 17 |
| PDF File Link: | 2016_NZERA_Christchurch_12.pdf [pdf 296 KB] |