| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 328 |
| Hearing date | 27 Jun 2017 - 28 Jun 2017 (2 days) |
| Determination date | 19 October 2017 |
| Member | V Campbell |
| Representation | R Bryant ; S Hornsby-Geluk |
| Location | Auckland |
| Parties | Waugh v Oglivy New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - PENALTY - Applicant sought penalty for respondent’s breach of good faith for being induced into employment by misrepresentations - COUNTERCLAIM - PENALTY - Respondent sought penalty for applicant’s breach of good faith for notifying clients of her departure |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Authority ordered non-publication of commercially sensitive information. Forecasted revenue decreased significantly. Disestablishment of applicant’s role based on genuine business requirements. Applicant had full opportunity to be heard and have her views considered. Redundancy process was fair and reasonable. No unjustified dismissal.;PENALTY: Respondent did not induce applicant to work for it, rather both parties negotiated terms of employment. When applicant entered into employment agreement respondent’s relationship with key client was positive. Respondent did not mislead applicant during recruitment process in relation to key clients. No penalty.;COUNTERCLAIM - PENALTY: No specific instruction or direction was given to applicant in respect of communicating with clients. Applicant aware that communication of impending departure to clients was concern to respondent. Applicant’s failure to communicate only with respondent in respect of her departure was breach of obligation to be active and constrictive in maintaining a productive employment relationship. Breach serious but not deliberate or sustained. No intention to undermine employment relationship. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4A |
| Cases Cited | Brake v Grace Team Accounting Ltd [2013] NZEmpC 81, [2013] ERNZ 170;Grace Team Accounting Ltd v Brake [2014] NZCA 541, [2015] 2 NZLR 494;Radius Residential Care Ltd v New Zealand Nurses Organisation Inc [2016] NZEmpC 112, (2016) 14 NZELR 515;Waugh v Ogilvy NZ Ltd [2016] NZERA Auckland 390;Waugh v Ogilvy NZ Ltd [2017] NZERA Auckland 153 |
| Number of Pages | 19 |
| PDF File Link: | 2017_NZERA_Auckland_328.pdf [pdf 287 KB] |