| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 80 |
| Hearing date | 12 & 13 Apr 2016 (2 days) |
| Determination date | 08 July 2016 |
| Member | Michele Ryan |
| Representation | B Buckett, J Boyle ; G Ballara |
| Location | Wellington |
| Parties | Duffy & Anor v CGML Ltd & Anor |
| Other Parties | Michael Speight ; Willis Street Parking Limited |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Redundancy - Applicants claimed unjustifiably disadvantaged by letters of concern - Applicants claimed unjustifiably dismissed by first respondent - ARREARS OF WAGES - First applicant sought arrears of wages from second respondent |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Letters of concern consistent with employment agreement. Advised applicants of respondent’s expectations before disciplinary action initiated. No unjustified disadvantage. Restructure prompted by key client not renewing lease. No evidence to suggest that financial information provided by respondent manifestly wrong. Good reason to shift focus from commercial to residential property and reduce property team accordingly. Genuine reasons for redundancy. Applicants aware of criteria for redeployment. Subjective criteria acceptable if applied in good faith. No evidence subjective criteria given disproportionate weight. Redundancy process carried out fairly. Timing of letters of concern and redundancy was coincidental. No evidence to suggest redundancy contrived. Dismissal justified.;ARREARS OF WAGES: First applicant not employed by second respondent. No arrears of wages. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s6 - ERA s103(1)(b) - ERA s103A - ERA 174E - ERA Second Schedule |
| Cases Cited | Alliance Freezing Co (Southland) Ltd v New Zealand Amalgamated Engineering and Related Trades IUOW [1990] 1 NZLR 533 (CA);Apiata v Telecom New Zealand Ltd [1998] 2 ERNZ 130 (EmpC);Bilkey v Imagepac Partners EmpC Auckland AC65/02, 7 October 2002;Bourne v Real Journeys Ltd [2011] NZEmpC 120, [2011] ERNZ 375;Coutts Cars Ltd v Baguley [2002] 2 NZLR 533 (CA);Dunn v Methanex New Zealand Ltd [1996] 2 ERNZ 222 (EmpC);Grace Team Accounting Ltd v Brake [2014] NZCA 541, [2015] 2 NZLR 494;Rittson-Thomas t/a Totara Hills Farm v Davidson [2013] NZEmpC 39, [2013] ERNZ 55;Tan v Morningstar Institute of Education Ltd t/a Morningstar Preschool [2013] NZEmpC 82 |
| Number of Pages | 21 |
| PDF File Link: | 2016_NZERA_Wellington_80.pdf [pdf 315 KB] |