| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 27/01 |
| Determination date | 04 July 2001 |
| Member | N Taylor |
| Representation | F Wall ; SG Wilson |
| Location | Christchurch |
| Parties | Clark v Christchurch Motor Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Genuine redundancy - Sale and purchase of business - Offered and accepted employment with respondent purchaser - Restructuring - Applicant transferred and employment contract varied - Reduction in some conditions of employment - Subsequently made redundant - Whether redundancy procedurally fair - Alleged no genuine or effective consultation - Whether decision pre-determined - Alleged breach of obligations of good faith - Consultation clearly required - Attempt at prior consultation was almost cursory - No opportunity for representation at meeting - Counselling would have reduced impact of dismissal - Redundancy was procedurally unfair - Not in accordance with good faith obligations of s4 ERA - Warranty clerk |
| Result | Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Statutes | ERA s4 |
| Cases Cited | Communication & Energy Workers Union Inc v Telecom NZ Ltd [1993] 2 ERNZ 429 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |