| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 30/01 |
| Determination date | 05 June 2001 |
| Member | S Bathgate |
| Representation | PJ Bartlett ; A Wilson |
| Location | Wellington |
| Parties | MacDonald v Lever Rexona New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Alleged unfair and biased redundancy process - Choice of selection process and selection criteria given to staff - Voluntary redundancy - Information on individual redundancy entitlements given - Employees, including applicant, with lowest scores selected for redundancy despite others volunteering - CEC allowed for voluntary and selected redundancies - Criteria in CEC not exclusive - Assessment of performance to be carried out in good faith with clear communication to staff - Unaware of adverse views held at time of selection - Fair selection process to involve other managers in formal manner - Process of checks and balances needed - Choice of process more illusory than real - Material available to assist formation of assessments not utilised - Assessment not robust enough to ensure no bias - Measures to minimise risk of subjective assessment not adopted - Selection process procedurally unfair - Reinstatement sought and practicable - Manufacturer |
| Result | Application granted ; Reinstatement ordered ; Compensation for humiliation etc ($5,000) ; No order for costs |
| Statutes | ERA s101(c);ERA s125;ERA s125(2) |
| Cases Cited | Baguley v Coutts Cars Ltd [2000] 2 ERNZ 409 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |