| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 90 |
| Hearing date | 28-Feb-17 |
| Determination date | 08 June 2017 |
| Member | H Doyle |
| Representation | P Cahill ; N Martin, P Martin |
| Location | Christchurch |
| Parties | Bayliss v Solar Bright Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – PENALTY – Applicant sought penalty for respondents breach of good faith – Solas Lighting Applications Engineer |
| Abstract | AUTHORITY FOUND – UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE: Evidence supports that respondent did not treat Employment Agreement (“EA”) as repudiated after events of 20 April. Redundancy proposal and consultation fair and in good faith. Employment ended for genuine reasons of redundancy. No constructive dismissal. Not satisfied that process was fair once decision to start restructuring. Applicant disadvantaged by suspension from employment and loss of benefit of use of company car. REMEDIES: 10 per cent contributory conduct. Respondent to pay applicant $1,730 for loss of benefit of car. $5,000 compensation appropriate. PENALTY: Respondents failure to be responsive and communicative during suspension was not deliberate and not intended to undermine the EA. No penalty. |
| Result | Application granted (unjustified disadvantage) ; Loss of benefit ($1,730.76) ; Compensation for humiliation etc ($5,000) ; Applications dismissed (unjustified dismissal)(penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4A ; ERA s4(1A)(c) ; ERA s103(1)(b) ; ERA s103A ; ERA s121 ; ERA s122 ; ERA s135(5)(a) ; ERA s135(5)(b) ; ERA s160(3) ; ERA s164 ; ERA s174E(b) ; Wages Protection Act 1983 ; Wages Protections Act 1983 s5 |
| Cases Cited | Air New Zealand v Kerr [2013] NZEmpC 237 ; Grace Team Accounting Ltd v Brake [2014] NZCA 541 ; Henderson v Nelson Marlborough District Health Board v Henderson [2016] NZEmpC 123 ; Stevens v Hapag-Llyod (NZ) Ltd [2015] NZEmpC 28 ; Wellington, Taranaki and Marlborough Clerical IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95 (AC) |
| Number of Pages | 29 |
| PDF File Link: | 2017_NZERA_Christchurch_90.pdf [pdf 204 KB] |