| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 96/03 |
| Hearing date | 12 Feb 2003 - 14 Feb 2003 (3 days) |
| Determination date | 11 April 2003 |
| Member | J Scott |
| Representation | R Crotty, G Pollak ; C Toogood, S Wilson |
| Location | Auckland |
| Parties | Bone & Ors v Telecom (NZ) Ltd |
| Other Parties | Vance, Nicholson, Herbert, Phillips |
| Summary | UNJUSTIFIED DISMISSAL - Redundancies - Group disestablished - Fourth and Fifth applicants alleged terminations were retaliatory action - Failed to provide credible corroborative evidence to support allegations - First applicant alleged breach of s12 Fair Trading Act by respondent's representations of ongoing employment - No contractual term - No breach of s12 Fair Trading Act 1986 - Proposals for restructuring outlined at meeting - Redundancies genuine - Adequate consultation - No predetermination - Respondent had not resurrected applicant's positions - All dismissals justified on genuine commercial grounds - Procedurally fair except placing two applicants on garden leave - Protected Disclosures Act 2000 had no application to grievances - UNJUSTIFIABLE DISADVANTAGE - Two applicants placed on garden leave without opportunity to explain - Disadvantage greater to applicant told to leave while at work - Unjustified disadvantage - Manager, Consultants, Senior Consultant, Process Support Associate |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage)(FH, DP) ; Compensation for humiliation etc ($5,000)(FH) ; ($2,500)(DP) ; Costs reserved |
| Statutes | Fair Trading Act 1986 s12;Protected Disclosures Act 2000 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Christchurch City Council v Davidson [1996] 2 ERNZ 1 ; [1997] 1 NZLR 275;Coutts Cars Ltd v Baguley [2001] ERNZ 660;G N Hale & Son Ltd v Wellington etc Caretakers etc IUOW [1991] 1 NZLR 151;New Zealand Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739; [2000] 2 NZLR 565 |
| Number of Pages | 18 |
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