| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 310/03 |
| Hearing date | 31 Jul 2003 |
| Determination date | 15 October 2003 |
| Member | R A Monaghan |
| Representation | M Tangitu ; J Burley |
| Location | Auckland |
| Parties | Mahauariki v Te Roopu Manaaki I Te Hunga haua Charitable Trust |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Genuine redundancy - Decrease in funding caused review of budget - Staff advised two positions would be disestablished - One employee resigned voluntarily - Alleged used last on-first off" and "least experienced" approach to determine position to disestablish - Identified applicant's position as one to disappear - Applicant found out about redundancy when discovered not on new roster - Letter of termination left in post office box - Criteria for selection for redundancy not properly formulated and applied - Applicant had no input into selection process and not advised of criteria - Real criterion assessment of applicant's performance - Not identified to applicant as reason why position made redundant - Dismissal unjustified - Remedies - Concern over extent of mitigation of loss - Caregiver" |
| Result | Application granted ; Reimbursement of lost wages ($1,664)(3 months) ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Coutts Cars v Baguley [2001] ERNZ 660 |
| Number of Pages | 7 |
| PDF File Link: | aa 310_03.pdf [pdf 37 KB] |