| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 328/04 |
| Hearing date | 1 Oct 2004 - 2 Oct 2004 (2 days) |
| Determination date | 04 October 2004 |
| Member | M Urlich |
| Representation | C Patterson ; S Turner |
| Location | Auckland |
| Parties | Lord v Fletcher Steel Ltd t/a Pacific Steel |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Genuineness of redundancy not challenged - Collective agreement provisions on redundancy did not apply to applicant - Electricity supply crisis - Decided one shift manager to be made redundant - Applicant's position made redundant - Alleged selection predetermined and process flawed - Respondent did not give applicant adequate opportunity to seek advice and representation - Fair and reasonable opportunity for consultation provided - Applicant took various comments and actions as showing it was predetermined he would be made redundant - No predetermination - Not given opportunity to comment on selection assessment - Procedurally unfair - Unjustified dismissal - Alleged actions post dismissal breached obligations of good faith - Alleged respondent refused to provide reference and provided negative reference - Alleged respondent advised the ceasing of assistance programme - Alleged respondent advised employment consultant had raised personal grievance - Sought award of exemplary damages - No breaches of good faith - Refusal to provide reference not breach of good faith - Remedies - Not entitled to pro-rated bonus payment - Contractual benefit of medical premiums should have been paid for notice period - No exemplary damages warranted - Shift manager |
| Result | Application granted ; Compensation for humiliation etc ($7,000) ; Orders accordingly Costs reserved |
| Statutes | Privacy Act 1993 |
| Cases Cited | Apiata v Telecom New Zealand Ltd [1998] 2 ERNZ 130;New Zealand Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739 |
| Number of Pages | 20 |
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