| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 61/01 |
| Determination date | 05 September 2001 |
| Member | D Asher |
| Representation | B Calver ; W Harvey |
| Location | Wellington |
| Parties | Stubbs v All Brite Industries Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Undertook review of future direction and structure - Strategy document produced but not shown to applicant - Applicant's position disestablished and two new positions formed - Applicant considered inappropriate for new positions - Redundancy genuine - Dismissal procedurally unfair - No consultation on redundancy - No opportunity to have input into process or decisions - Breach of good faith - No real opportunity to explore alternatives to termination of employment - Supervisor |
| Result | Application granted ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Statutes | ERA s4(4)(e) |
| Cases Cited | Baguley v Coutts Cars Ltd [2000] 2 ERNZ 409;Communication & Energy Workers Union Inc v Telecom NZ Ltd [1993] 2 ERNZ 429;Wellington International Airport Ltd v Air NZ Ltd [1993] 1 NZLR 671 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |