| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 221/03 |
| Hearing date | 12 May 2003 - 23 Jun 2003 (2 days) |
| Determination date | 23 July 2003 |
| Member | K Raureti |
| Representation | P Bartlett ; R Harrison |
| Location | Auckland |
| Parties | Whiston v Waiariki Institute of Technology |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Budget reduction resulted in decreased staff levels - Applicant's position merged with co-worker's position and co-worker kept job while applicant made redundant - Genuine redundancy - Dismissal procedurally unfair - Unjustifiable action to applicant's disadvantage - Whether complied with contractual requirement to negotiate severance payment - Recommended that parties revisit matter of negotiating severance payment - Receptionist |
| Result | Application granted ; Compensation for humiliation etc ($7,000) ; Costs reserved |
| Statutes | ERA s3 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Canterbury Spinners Limited v Darryl Vaughan [2003] 2 ERNZ 495;Christchurch City Council v Davidson [1996] 2 ERNZ 1;Coutts Cars Ltd v Baguley [2001] ERNZ 660;New Zealand Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |