| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 4/05 |
| Hearing date | 14 Dec 2004 |
| Determination date | 11 January 2005 |
| Member | R A Monaghan |
| Representation | J Shadbolt ; M Potter |
| Location | Auckland |
| Parties | Maxwell v Brown Miller Press Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Respondent had financial difficulties - Preference to reorganise positions rather than impose redundancies - Applicant encouraged to take on some production assistant duties when that person resigned - Thought she had been offered that position - Applicant's position made redundant - New production co-ordinator position established - Would have required more training of applicant than available to respondent - On morning before intended to advise of redundancy applicant sought pay rise in respect of what she thought was her new position - Gave letter of redundancy at separate meeting that afternoon - Failure to specify risk to applicant's position and make clear the encouragement to move into production was intended to preserve her ongoing employment - Handing applicant letter of termination without warning and without opportunity to comment directly was a flaw in process - Dismissal unjustified - Receptionist/office assistant |
| Result | Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | aa 4_05.pdf [pdf 28 KB] |