| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 40A/01 |
| Hearing date | 2 Aug 2001 |
| Determination date | 15 August 2001 |
| Member | G J Wood |
| Representation | A Coulon ; S Ross |
| Location | Wellington |
| Parties | Dorward v Lifecare Management Ltd t/a Olive Tree Apartments |
| Summary | UNJUSTIFIED DISMISSAL - Technical redundancy - Dismissed prior to sale of business - Alleged termination should have taken place after sale - Declined offer of employment with new owner - Settlement of sale delayed - Respondent continued employment of retained staff on behalf of purchaser in caretaker role - Agency staff hired to work applicant's shifts - Whether decision to proceed with redundancy despite delay in settlement was open to fair and reasonable employer - Entitled to treat applicant differently from other staff - Not in interests of respondent or new owner to temporarily reinstate applicant - No discrimination on basis of union membership - Conditions of employment offered by new owner not less favourable - Entitlement to compensation precluded by clause in handbook |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |