| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 120/01 |
| Determination date | 27 August 2001 |
| Member | R A Monaghan |
| Representation | J Lawrie ; L Campbell |
| Location | Auckland |
| Parties | Taungahihifo v Scrap Steel Recyclers Ltd |
| Other Parties | Angaaetau, Vaitohi |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Alleged selection process unfair and failed to consult - Alleged predetermination and improper considerations taken into account - Change in processes resulted in redundancies - Notified all employees of possibility of redundancies - Preliminary assessment reduced number of employees consulted to number to be made redundant - Escorted off premises by security guard - Subsequently asked to attend meeting with representatives and dismissed - Given blank assessment form but no discussion of individual assessments - No opportunity to refute assessment - Open to criticism of predetermination - Consultation and selection process led to sufficient level of unfairness to render dismissals unjustified - No evidence of anti-unionism as alleged - Use of security guards acceptable in circumstances - Reinstatement not possible - Reimbursement of lost wages not appropriate because unlikely fair process would have led to a different outcome - Gascutters & yardmen |
| Result | Application granted ; Compensation for humiliation ($2,000)(MT) ; ($2,000)(LA) ; ($2,000)(TV) ; Costs reserved |
| Statutes | ERA s4;ERA s4(4)(c);ERA s4(4)(d) |
| Cases Cited | Apiata v Telecom New Zealand Ltd [1998] 2 ERNZ 130;Baguley v Coutts Cars Ltd [2000] 2 ERNZ 409;Dunn v Methanex New Zealand Ltd [1996] 2 ERNZ 222 |
| Number of Pages | 12 |
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