| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 183 |
| Hearing date | 20-Oct-17 |
| Determination date | 30 October 2017 |
| Member | D Appleton |
| Representation | D Marsh ; H Matthews |
| Location | Christchurch |
| Parties | Roach v Mega Jump Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by bullying – Applicant claimed unjustifiably dismissed by respondent – PENALTY – Applicant sought penalty for respondent’s breach of good faith obligations – Operations Manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Redundancy for genuine reasons. No unjustified dismissal. Process to implement redundancy flawed. Applicant not provided with information required for meaningful consultation. Respondent did not seek alternative ways of receiving applicant’s feedback. Applicant disadvantaged by flawed redundancy process. REMEDIES: No contributory conduct. $15,000 compensation appropriate.;PENALTY: Refusal to answer request to mediate breached duty of good faith. Decision was deliberate and serious given the allegations of bullying. $5,000 penalty appropriate. |
| Result | Applications granted (unjustified disadvantage)(penalty) ; Compensation for humiliations etc ($15,000) ; Penalty ($5,000)(payable to applicant) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s3(a)(v) ; ERA s4 ; ERA s4(1A)(c) ; ERA s103A ; ERA s124 ; ERA s136 |
| Cases Cited | Grace Team Accounting v Brake [2014] NZCA 541;Rittson-Thomas t/a Totara Hills Harm v Davidson [2013] NZEmpC 39;Vice-Chancellor of Massey University v Wrigley [2011] NZEmpC 37 |
| Number of Pages | 22 |
| PDF File Link: | 2017_NZERA_Christchurch_183.pdf [pdf 313 KB] |