| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 42 |
| Hearing date | 28 & 29 Oct 2015 (2 days) |
| Determination date | 08 April 2016 |
| Member | Trish MacKinnon |
| Representation | J McGuire ; F McMillan |
| Location | Palmerston North |
| Parties | Budding v AgResearch Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed – Technician |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent had genuine business reasons for redundancy in response to changes in funding, contracts and research priorities. Respondent did not have to be on brink of financial ruin before able to make redundancies. Respondent kept employees aware of possibility of redundancies, provided detailed information about restructure and consulted employees before deciding to undertake redundancies. Respondent properly considered applicant before deciding not to select him. Selection process fair. Respondent not required to interview candidates as no new positions being created. Applicant given sufficient information to raise concerns. Respondent did not have duty to treat applicant with more care than other staff due to applicant’s long service. Applicant unable to complain that not offered another role since applicant clearly stated not interested in exploring other options. Respondent did not renege on agreement to let applicant be paid out notice period as respondent never agreed to such a thing. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A);ERA s103A;ERA s103A(3);ERA s103A(3)(a);ERA s103A(3)(b);ERA s103A(3)(c);ERA s103A(3)(d);ERA s103A(4);ERA s114 |
| 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 |
| Number of Pages | 18 |
| PDF File Link: | 2016_NZERA_Wellington_42.pdf [pdf 154 KB] |