| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 196/04 |
| Hearing date | 10 Mar 2004 |
| Determination date | 08 June 2004 |
| Member | K J Anderson |
| Representation | D Law ; P Diver |
| Location | Auckland |
| Parties | Ryan v Distech Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant asserted redundancy a sham - Applicant's perception that working relationship between chief executive officer of respondent and contractor excluded applicant from business - Evidence did not support perception - Genuine redundancy - Applicant claimed respondent acted in bad faith because chief executive officer intended to create new position which was never created - Understandable applicant felt misled - Even if new position created no guarantee applicant would have been appointed - No expectation of ongoing or future employment - No bad faith or deceptive behaviour - Employment agreement provided for seven days notice of termination in writing - Applicant aware of termination two weeks prior but only received written notice day before date of termination - Breach of employment agreement - Applicant paid for further week so no damage accrued - No personal grievance - Marketing Manger |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 4 |
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