Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 281/05
Hearing date 23 May 2005
Determination date 26 July 2005
Member R A Monaghan
Representation M Lees (in person) ; L Turner
Location Auckland
Parties Lees v Norske Skog Tasman Ltd
Summary UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Redundancy - Division where applicant worked was contracted out - Applicant offered employment with company who were awarded the contact - Alleged felt pressured to take new job - No disadvantage by being on secondment when restructuring occurred - Was not bullied into taking position with new employer - Applicant questioned selection of other employees over him for remaining positions with respondent - Respondent's assessment of employees for remaining positions not unfair - Reinstatement not appropriate - No breach of good faith - Process cleaner
Result Application dismissed ; Costs reserved
Cases Cited Norske Skog Tasman Ltd v The Pulp & Paper Industry Council of Manufacturing & Construction Workers Union unreported, Colgan J, 31 July 2004, AC 42/04
Number of Pages 5
PDF File Link: aa 281_05.pdf [pdf 30 KB]