| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 128/03 |
| Hearing date | 23 Apr 2003 |
| Determination date | 05 May 2003 |
| Member | J Scott |
| Representation | E Mann ; J O'Connell |
| Location | Auckland |
| Parties | Hansen v Spear & Jackson (NZ) Ltd |
| Summary | PRACTICE AND PROCEDURE - Determination of preliminary issues - Redundancy - Applicant sought to bring claim of unjustified dismissal - Applicant given 6 months' notice - Not possible to consider claim of unjustified dismissal before dismissal taken place - Not appropriate to address claim of unjustified disadvantage in isolation of events associated with proposed termination - Whether redundancy justified on commercial grounds - Parties had continuing good faith obligations - Parties directed as to good faith obligations - Directed to mediation - Managing director |
| Result | Questions answered accordingly ; Parties referred to mediation ; Proceedings adjourned |
| Cases Cited | GN Hale & Son Ltd v Wellington etc Caretakers etc IUOW [1990] 2 NZILR 1079; [1991] 1 NZLR 151 |
| Number of Pages | 3 |
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