| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 262/05 |
| Hearing date | 1 Jun 2005 |
| Determination date | 12 July 2005 |
| Member | M Urlich |
| Representation | A Vlatkovich ; N Cervin |
| Location | Auckland |
| Parties | Van Kampen v New Zealand Business Telephone Company Ltd and Anor |
| Other Parties | Australian Business Telephone Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Genuine redundancy - New position of corporate sales manager" not identical to applicant's position and in any case four month gap between dismissal and creation of new role severed link to applicant's role - Applicant aware position was perilous - First aware position could be made redundant three days before dismissal - Not given opportunity to seek advice or representation and not given fair opportunity to comment on proposal - Procedurally unfair - Unjustified dismissal - Identity of employer - Second respondent was applicant's employer - Channel manager/direct sales manager" |
| Result | Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Statutes | ERA s4(4) |
| Number of Pages | 6 |
| PDF File Link: | aa 262_05.pdf [pdf 35 KB] |