| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 13/05 |
| Hearing date | 23 Nov 2004 |
| Determination date | 31 January 2005 |
| Member | J Crichton |
| Representation | R Simes ; R Webster |
| Location | Christchurch |
| Parties | Hancock v Pascoe Transport Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Respondent told applicant was being made redundant - Whether redundancy genuine - Respondent alleged it had lost two client contracts - Applicant believed job secure because he carried very little product for those clients - Respondent alleged applicant selected because he was last person employed - Conceivable respondent could satisfy test that predominate reason for dismissal was redundancy - However less clear whether redundancy genuine given within a very short time after termination respondent was using temporary drivers and seeking to recruit a permanent driver - Decision to make applicant redundant was precipitate - Respondent reallocated applicant's duties without giving him opportunity to be involved - Lack of consultation fatal to procedural fairness - Remedies - Reimbursement of lost wages for three months less one month's wages already paid as redundancy compensation - Truck driver |
| Result | Application granted ; Reimbursement of lost wages ($5,400) ; Compensation for humiliation etc ($7,000) ; Costs reserved |
| Statutes | ERA s103(1)(a) |
| Cases Cited | Coutts Cars Ltd v Baguley [2001] ERNZ 660 ; [2002] 2 NZLR 533;G N Hale & Son Ltd v Wellington etc Caretakers etc IUOW [1991] 1 NZLR 151;Phipps v NZ Fishing Industry Board [1996] 1 ERNZ 195;Rolls v Wellington Gas Co Ltd [1998] 3 ERNZ 116 |
| Number of Pages | 6 |
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