| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 329/04 |
| Hearing date | 27 Aug 2004 - 24 Sep 2004 (2 days) |
| Determination date | 04 October 2004 |
| Member | L Robinson |
| Representation | K Morrision ; J Cain |
| Location | Auckland |
| Parties | Tupou v Carter Holt Harvey Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Respondent consulted with applicant's union about possible redundancies - No consultation by respondent or union with applicant - Applicant made redundant - Redundancy substantively justified - Redundancy clause stated that all things being equal, respondent would observe last on, first off principle - Entitled to assess skills and attributes of employees when selecting for redundancy - Union's agreement with selection criteria had to be regarded as applicant's own agreement - Authorisation applicant gave to union identical to that considered in previous Employment Court decision Stanaway v Pacific Forum Line - Authority bound to follow principles - Union applicant's agent - Redundancy procedurally justified as carried out in full consultation with union authorised to negotiate on applicant's behalf - Authority's view that when individuals deemed redundant, individual rather than collective consultation required - Applicant denied consideration of individual interest - Reference to Court's comment in Stanaway that employee might have remedies against union - Printer |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s174 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Apiata v Telecom New Zealand Ltd [1998] 2 ERNZ 130;Baguley v Coutts Cars Ltd [2000] 2 ERNZ 409;Bowater NZ Ltd v NZ Printing and Related Trades IUOW [1991] 1 ERNZ 680;Coutts Cars Ltd v Baguley [2001] ERNZ 660 ; [2002] 2 NZLR 533;Dunn v Methanex NZ Ltd [1996] 2 ERNZ 222;Feltex Carpets Ltd v National Distribution Union Southern Region, unreported, P Cheyne, 8 April 2004, CA 41/04;G N Hale & Son Ltd v Wellington etc Caretakers etc IUOW [1991] 1 NZLR 151;Hildred v Newmans Coachlines Ltd [1992] 3 ERNZ 165;McKechnie Metals Ltd v Schreiber [2002] 2 ERNZ 758;NZ Building Trades Union v Hawkes Bay Area Health Board [1992] 2 ERNZ 897;NZ Nurses Union v Air NZ Ltd [1992] 3 ERNZ 548;Redgwell v Morrison Printing Inks & Machinery [1992] 3 ERNZ 235;Stanaway v Pacific Forum Line (NZ) Ltd (No 2) [1994] 1 ERNZ 276;Tune v Babcock New Zealand Ltd [1998] 3 ERNZ 594 |
| Number of Pages | 8 |
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