| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 11/05 |
| Hearing date | 19 Jan 2005 |
| Determination date | 21 January 2005 |
| Member | D Asher |
| Representation | M Andrews ; T Galbraith |
| Location | Palmerston North |
| Parties | Harris v Tony Galbraith Ltd |
| Summary | BREACH OF CONTRACT - Redundancy - Genuine redundancy - Employment agreement provided respondent to use best endeavours" to consult, notify or warn in early stages if redundancy likely - Applicant was asked to meeting without being told in advance of its purpose - Told of redundancy at meeting - Dispute over what was said at meeting - Parties agreed to how redundancy would take place etc - Respondent acted in breach of agreement particularly "best endeavours" requirement - Entering into agreement in context where applicant deeply shocked compounded error - Applicant in no fit condition to enter into agreement - Applicant took from what was told that redundancy decision already reached and only detail needed to be agreed to - Respondent's process denied applicant sufficient time to consider potential loss of employment and denied him sufficient opportunity to express his view - UNJUSTIFIED DISMISSAL - Also, or in alternative, argued unjustified dismissal and sought lost wages - Claim dismissed - Genuine redundancy and no realistic prospect of applicant being redeployed - UNJUSTIFIED DISADVANTAGE - Disadvantage due to breach of contract - Operations supervisor" |
| Result | Application granted (breach of contract and unjustified disadvantage) ; Compensation for humiliation etc ($5,000) ; Application dismissed (Unjustified dismissal) ; Costs reserved |
| Cases Cited | Communication & Energy Workers Union Inc v Telecom NZ Ltd [1993] 2 ERNZ 429;Wellington International Airport Ltd v Air NZ Ltd [1993] 1 NZLR 671 |
| Number of Pages | 7 |
| PDF File Link: | wa 11_05.pdf [pdf 26 KB] |