Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2017] NZERA Auckland 225
Hearing date 8-Jun-17
Determination date 31 July 2017
Member T Tetitaha
Representation A Cook ; G West
Location Auckland
Parties Edley v Lenco Sport NZ Ltd
Summary UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent
Abstract AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant’s positon became superfluous due to change to manufacturing product overseas. Genuine reason for redundancy. Applicant given opportunity to be heard and to obtain legal advice. Applicant had access to production and sales figures. No evidence applicant could have retrained. No ulterior motive based on applicant’s wife filing proceedings against respondent. Respondent genuinely considered applicant’s responses. Redundancy procedurally fair. Dismissal justified.
Result Application dismissed ; Costs reserved
Main Category Personal Grievance
Cases Cited Edley v Lenco Sport NZ Ltd [2017] NZERA Auckland 170;Edley v Lenco Sport NZ Ltd [2017] NZERA Auckland 216
Number of Pages 6
PDF File Link: 2017_NZERA_Auckland_225.pdf [pdf 150 KB]