| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 419/04 |
| Hearing date | 5 Nov 2004 |
| Determination date | 22 December 2004 |
| Member | R A Monaghan |
| Representation | E Hoffmann (in person) ; M Kamphorst |
| Location | Auckland |
| Parties | Hoffmann v The Prema Charitable Trust |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Alleged redundancy created because of strained relationship between applicant and school principal - Respondent alleged reason was drop in school enrolments - No direct evidence parties' relationship was motive for redundancy - If wrong, respondent had at least mixed motives and predominate motive was genuine commercial decision - Applicant dissatisfied with financial information provided to justify decision - Provision of detailed financial information not mandatory but unwilling employers ran risk of not meeting burden of justifying redundancy - Good faith required real consultation - Would have been appropriate to provide applicant with more information supporting redundancy given her close involvement in cost control and budgets - Applicant's written response to redundancy only superficially addressed - Consultation process flawed - Exacerbated by way applicant learnt of redundancy by reading draft letter printed from common printer - Dismissal unjustified - Academic administrator |
| Result | Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Coutts Cars Ltd v Baguley [2001] ERNZ 660 ; [2002] 2 NZLR 533;Forest Park (NZ) Ltd v Adams [2000] 2 ERNZ 310;G N Hale & Son Ltd v Wellington etc Caretakers etc IUOW [1991] 1 NZLR 151 |
| Number of Pages | 8 |
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