| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 157/05 |
| Hearing date | 22 Feb 2005 |
| Determination date | 02 May 2005 |
| Member | M Urlich |
| Representation | K Kaur ; L Campbell |
| Location | Auckland |
| Parties | McMillan v Inter Pacific Logistics Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - No written employment agreement - Genuine redundancy - Procedural unfairness - Applicant given leave to consider alternatives to making her position redundant - Upon return to work respondent's director was working at applicant's desk - Reasonable for applicant to feel redundancy was pre-determined - Respondent failed to adequately respond to issues raised by applicant - Applicant received four weeks' pay in lieu of notice - Consultation over whether applicant should work out notice period would have been fair and reasonable - Dismissal procedurally unjustified - PRACTICE AND PROCEDURE - Identity of respondent - Respondent ceased trading - New company incorporated seven months after dismissal - Applicant alleged new company incorporated for purpose of escaping creditor liability - No reasonable basis upon which to substitute new company for respondent - GOOD FAITH - Amendments to s4(4) Employment Relations Act 2004 applied only to employment relationship problems arising after 1 December 2004 - Poor handling of situation did not vitiate respondent's selection process - Neither did employment of someone in similar role to applicant's three months after redundancy breach good faith obligations - Export supervisor |
| Result | Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Statutes | ERA s4(4);ERA s4(4)(d);ERA s4(4)(e) |
| Number of Pages | 4 |
| PDF File Link: | aa 157_05.pdf [pdf 24 KB] |