| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 159A/04 |
| Hearing date | 1 Apr 2004 - 30 Apr 2004 (3 days) |
| Determination date | 08 June 2004 |
| Member | V Campbell |
| Representation | J Parlane ; D Garrett, C Stevenson |
| Location | Auckland |
| Parties | Moody and Anor v Loveridge |
| Other Parties | Wisneski |
| Summary | UNJUSTIFIED DISMISSAL - Applicants employed as couple on dairy farm - First applicant ceased work following illness - Second applicant struggled to perform effectively in new role - Role made redundant effective immediately - Notice of redundancy withdrawn following protest by second applicant and substituted with notification of restructuring - Employment continued until end of contracted season - First applicant resigned of own volition - No unjustified dismissal - Employment relationship renegotiated to exist solely between second applicant and defendant - Redundancy of second applicant not genuine - Redundancy improperly used to address performance issues - Lack of proper process - No agreement to withdrawal of redundancy notice - Agreement for temporary reinstatement only while resolution sought - Unjustified disadvantage by respondent's attempt to restructure staffing arrangements and giving notice of redundancy with no prior consultation - No loss of wages - Modest award of compensation appropriate - PENALTIES - Deliberate failure to provide written employment agreement despite requests by applicants warranted penalty - No penalty awarded for failure to keep proper wage and time records - Failure not deliberate or wilful - Dairy farm workers |
| Result | Application dismissed (First applicant) ; Application granted (Second applicant) ; Compensation for humiliation etc ($3,000) ; Penalty ($500)(Payable to Crown) |
| Statutes | ERA s5;ERA s64(2);ERA s122;ERA s123;ERA s123(c)(i);ERA s124;ERA s157(2)(c);ERA s160(3) |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601 ; [1998] 3 NZLR 276;GN Hale & Sons Ltd v Wellington, Taranaki and Nelson Caretakers etc IUOW [1990] 1 NZLR 151;Harris & Russell Limited v Slingsby [1973] 3 All ER 31;Martin v Browning [2003] 2 ERNZ 416;NZ Labourers General Workers and Related Trades IUOW v Hodder & Tolley Ltd [1989] 1 NZILR 430;Postlethwaite v Gas Company Ltd unreported, H Doyle, 30 July 2003, CA 84/03;Ruapehu District Council v Northern Local Government Officers Union unreported, Castle J, 16 November 1992, WEC 54/92;Sibly v Christchurch City Council [2002] 1 ERNZ 476 |
| Number of Pages | 10 |
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