| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 101/01 |
| Determination date | 07 August 2001 |
| Member | J Wilson |
| Representation | Chand in person ; T Waddel |
| Location | Auckland |
| Parties | Chand v Goodman Fielder Milling & Baking NZ Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Previously employed by a company from the same group as respondent - Whether received full contractual redundancy entitlement - Compensation payable for each subsequent year" - Only full years of service included - Employed by respondent for 14ï¾½ months - Entitled to equivalent of one years entitlement - Contractually entitled to superannuation retirement account only after 10 years service - Whether fulfilled duty of good faith by supporting applicant in applying for other positions - Matter of fact and degree - Consultation with manager - Offer of one on one support - Applicant treated fairly - Whether applicant should have been transferred to same position at other plant - Applied for position - Position at other plant incorporated different responsibilities - Did not complete initial "expression of interest form" to be moved to other plant - No automatic right to be appointed - Treated fairly and reasonably by having application considered - Laboratory manager" |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Baguley v Coutts Cars Ltd [2000] 2 ERNZ 409 |
| Number of Pages | 8 |
| PDF File Link: | aa 101_01.pdf [pdf 44 KB] |