| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 296A/03 |
| Hearing date | 31 Jul 2003 - 3 Sep 2003 (2 days) |
| Determination date | 20 November 2003 |
| Member | J Wilson |
| Representation | S Callanan ; J Latimer |
| Location | Auckland |
| Parties | Smith v Sovereign Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine and procedurally fair - Positions merged - Alleged new positions almost exactly the same as redundant position - Alleged failure to consult or consider alternatives to dismissal - Redundancy genuine - Matter of business judgement - Sufficient difference between new and old positions - Consultation undertaken - Advised to review vacant positions - Redundancy compensation paid in accordance with employment agreement - Dismissal open to fair and reasonable employer - Support services manager |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Regional Council v Sanson [1999] 2 ERNZ 597;Carter Holt Harvey Ltd v Wallis [1998] 3 ERNZ 984;New Zealand Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739 ; [2000] 2 NZLR 565 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |