| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 189/04 |
| Hearing date | 31 Mar 2004 |
| Determination date | 31 May 2004 |
| Member | K J Anderson |
| Representation | A Gray ; P Swarbrick |
| Location | Auckland |
| Parties | Jaffe v Oroton Group (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Genuine redundancy - Alleged breach of s4 Employment Relations Act 2000 and employment agreement - Offer of alternative, but part time, employment - Dispute over whether applicant indicated was happy to accept alternative employment - Nothing unfair about notification of meeting at which applicant told of redundancy - Respondent had express contractual obligation to consult with applicant - Obligation not complied with - No consultation - Presented with fait accompli at meeting - Applicant not treated justly and fairly - Unjustified dismissal - PENALTY - Penalties sought for breach of s4 ERA and employment agreement - Breach of employment agreement not wilful or intentional - No further penalty appropriate for breach of s4 - Sales consultant |
| Result | Application granted ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Statutes | ERA s4 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Communication & Energy Workers Union Inc v Telecom NZ Ltd [1993] 2 ERNZ 429;Coutts Cars v Baguley [2001] ERNZ 660;New Zealand Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739;Northern Clerical etc Union v Beachlands Engineering Ltd [1991] 3 ERNZ 1023;Port Louis Corp v A-G of Mauritius [1965] AC 1111;Wellington International Airport Ltd v Air NZ Ltd [1993] 1 NZLR 671 |
| Number of Pages | 7 |
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