| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 111 |
| Hearing date | 16 Jun and 5 July 2016 (2 days) |
| Determination date | 15 July 2016 |
| Member | James Crichton |
| Representation | M Kirk; G Malone |
| Location | Nelson |
| Parties | McAlister v Talley's Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – PENALTY – GOOD FAITH – Applicant sought penalty for unfair bargaining and failure to provide wage and time records – HR |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent’s directors did not direct manager to dismiss applicant. Applicant’s first meeting not fait accompli but series of meetings to explore alternative to possibility of disestablishment. Redundancy ordinary restructuring arrangement. No improper motive in decision to terminate for redundancy. Respondent did not know or ought to have known that applicant’s position only temporary. Redundancy process fair. Dismissal justified.;PENALTY – GOOD FAITH: Respondent did not misled and deceive applicant in recruiting to position which appeared permanent. Applicant given reasonable time in advance of decision to consult with respondent. Applicant only given operational reasons for possible disestablishment of role. Self-evident that applicant’s position would be made redundant. Respondent did not breach employment agreement. No breach of good faith. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | GN Hale & Sons Ltd v Wellington Caretakers IUOW [1991] 1 NZLR 151 (CA);Rittson-Thomas t/a Totara Hills Farm v Davidson [2013] NZEmpC 39, [2013] ERNZ 55 |
| Number of Pages | 13 |
| PDF File Link: | 2016_NZERA_Christchurch_111.pdf [pdf 137 KB] |