| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 359 |
| Hearing date | 20 Sep 2017 - 21 Sep 2017 (2 days) |
| Determination date | 16 November 2017 |
| Member | A Fitzgibbon |
| Representation | M Smyth ; V Bainbridge |
| Location | Auckland |
| Parties | Sedlmeier v Engineering RGV 2016 Ltd formerly named Engex Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged by respondent removing applicants work tools and sending a letter withdrawing support in respect of his dual citizenship application – Senior Process Engineer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE: Redundancy based on genuine business reasons. Consultation process hasty and unfair. Respondent failed to comply with good faith obligations during consultation. Respondent failed to provide information requested. Final decision to terminate employment for redundancy pre-determined. Dismissal unjustified. Employment conditions not affected by respondent’s removal of his work tools. Applicant remained in paid employment during consultation period. Respondent’s letter to German Consulate withdrawing support for dual citizenship did not relate to applicant’s employment or conditions of employment. No unjustified disadvantage. REMEDIES: No contributory conduct. $20,000 compensation appropriate. PENALTY: Letter to German Consulate written in manner was a single event and was addressed under rubric of compensation. No sufficient sustained breach to warrant imposition of penalty. No penalty. |
| Result | Application granted (unjustified dismissal) ; Compensation for humiliation etc ($20,000) ; Application dismissed (unjustified disadvantage) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl10(1);ERA s4;ERA s4A;ERA s124;ERA s174E |
| Cases Cited | GN Hale & Sons Ltd v Wellington Caretakers IUOW [1991] NZLR 151 (CA);Grace Team Accounting Ltd v Brake [2014] NZCA 541 |
| Number of Pages | 22 |
| PDF File Link: | 2017_NZERA_Auckland_359.pdf [pdf 251 KB] |