| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 234/03 |
| Hearing date | 29 Apr 2003 |
| Determination date | 31 July 2003 |
| Member | K J Anderson |
| Representation | E Hartdegen ; Y Muller |
| Location | Auckland |
| Parties | Staykov v Cap Gemini Ernst & Young |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Criteria for redundancy based on assessment of individual skill - Applicant told to attend meeting to discuss redundancy and could bring representative - Applicant unable to obtain representative and requested postponement of meeting - Postponement declined - General concerns about applicant's performance - Applicant alleged respondent did not provide appropriate work and had set scene for eventual departure - Genuine redundancy - Procedurally unfair - No consultation - Manner of termination unfair - Remedies - Claim for reimbursement of wages declined - Compensation of $8,000 awarded - Manager |
| Result | Application granted ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Statutes | ERA s4(1)(a);ERA s4(4)(d);ERA s4(4)(e) |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Coutts Cars v Baguley [2001] ERNZ 660;New Zealand Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739;Northern Clerical etc Union v Beachlands Engineering Ltd [1991] 3 ERNZ 1023 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |