| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 386/03 |
| Hearing date | 30 Oct 2003 |
| Determination date | 18 February 2004 |
| Member | R A Monaghan |
| Representation | K O'Regan (Applicant in person) ; A Fitzgibbon |
| Location | Auckland |
| Parties | O'Regan v Greenpeace NZ Inc. |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Genuine redundancy - Position disestablished following restructuring - Applicant told position may be disestablished and asked for comments - Given tight timeframe to reply - Applicant emotionally distressed over hearing position to be disestablished - Applicant unsuccessfully requested copies of new position job descriptions - Applicant found job descriptions on computer and concluded had been deliberately withheld - New positions developed without applicant's input despite assertions of consultation - Situation did not warrant continuous imposition of short timeframes by respondent - No ulterior motive for redundancy - Failure in communication meant lost opportunity to avoid lose of employment - Opportunities for applicant to give meaningful input continually closed down - Unhelpful for respondent to dismiss mediation option - Consultation process flawed - Dismissal unjustified - Remedies - Much of applicant's distress due to position disappearing and belief that manager wanted to get rid of her - Applicant's contribution to communication failures taken into account in awarding compensation of $3,000 - Direct marketing manager |
| Result | Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Statutes | ERA s143(c);ERA s144(2)(c);ERA s144(2)(d);ERA s147 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Coutts Cars Ltd v Baguley [2001] ERNZ 660;G N Hale & Son Ltd v Wellington etc Caretakers etc IUOW [1991] 1 NZLR 151 |
| Number of Pages | 9 |
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