| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 117/04 |
| Hearing date | 16 Sep 2004 |
| Determination date | 23 September 2004 |
| Member | A Dumbleton |
| Representation | J Beck ; M Hodges |
| Location | Christchurch |
| Parties | Stock v Scenic Circle Hotels Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Whether redundancy genuine and procedurally justified - Respondent's restructuring was reaction to commercial imperatives - Did not seize upon redundancy as opportunity to remove applicant from position - Applicant offered redeployment - Unlikely shock or anxiety caused by restructuring announcement would have been alleviated by talking to applicant privately about proposal - Effective consultation - New position created not same or substantially similar to applicant's old position - Redundancy genuine and procedurally fair - Dismissal justified - COSTS - Respondent represented by in-house human resources manager - No legal fees incurred - Disbursements for air travel, accommodation and food - Accommodation and food disbursements reasonably absorbed within respondent's hotel business - Cost controller |
| Result | Application dismissed ; Disbursements in favour of respondent ($591)(air travel) |
| Cases Cited | Coutts Cars Ltd v Baguley [2001] ERNZ 660 ; [2002] 2 NZLR 533;GN Hale & Son Ltd v Wellington etc Caretakers etc IUOW [1991] 1 NZLR 151;NZ Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739 ; [2000] 2 NZLR 565;Rongotai College Board of Trustees v Castle [1998] 2 ERNZ 430;Wellington International Airport Ltd v Air NZ Ltd [1993] 1 NZLR 671 |
| Number of Pages | 5 |
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