| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 107A/03 |
| Hearing date | 12 Nov 2003 - 13 Nov 2003 (2 days) |
| Determination date | 23 December 2003 |
| Member | P Cheyne |
| Representation | M Hardy-Jones ; R Searle |
| Location | Christchurch |
| Parties | Southwood and Anor v Tahuna Beach Motor Camp (Inc) |
| Other Parties | Nelson |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine redundancy - Restructuring - Collective employment - Staff invited to apply for new positions - Obligation under agreement to take all practical steps, act in good faith and consult with union - Obligation applied as some work to be contracted out - No failure to consult - Applicant RS dismissed in attempt to have him agree to new terms of employment - Lockout - Actions amounted to unlawful lockout - Failure to consider redeployment options for applicant MN - Failure to take all practical steps to protect MN - Dismissals unjustified - Remedies - Whether reinstatement practicable - Variety of other work available to MN - Reinstatement of MN to position no less advantageous than former position ordered - RS to be reinstated to former position on same days and hours - Reimbursement of lost wages - Groundskeeper and gardener |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages ; Compensation for humiliation etc ($7,500)(RS) ; ($4,000)(MN) ; Costs reserved |
| Cases Cited | Communication & Energy Workers Union Inc v Telecom NZ Ltd [1993] 2 ERNZ 429;McCulloch v New Zealand Fire Service Commission [1998] 3 ERNZ 378 |
| Number of Pages | 8 |
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