| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 140/05 |
| Hearing date | 23 Aug 2005 |
| Determination date | 30 August 2005 |
| Member | G J Wood |
| Representation | G Ogilvie ; H Younan |
| Location | Wellington |
| Parties | Tollan v Advance International Cleaning Systems (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Redundancy - Employees told that cuts in staff numbers could occur and asked for suggestions on how to improve matters - Subsequently applicant informed that her position redundant - Employer's duties in area of consultation about pending impact of redundancy and measures to be taken to mitigate that impact had increased under Employment Relations Act 2000, particularly under ss4(1A)(b) and 4(1A)(c) - Breach of this duty of good faith in redundancy situation almost inevitably resulted in personal grievance - Applicant entitled to specific consultation on proposal that she might be made redundant and how it might be effected - Applicant unjustifiably dismissed or disadvantaged - BREACH OF CONTRACT - Applicant re-engaged on casual basis for three days work but only required to work one day - Applicant awarded two day's pay - Administrator |
| Result | Application granted ; Compensation for humiliation etc ($4,000) ; Damages (2 days pay) ; Costs reserved |
| Statutes | ECA;ERA s4(1A)(b);ERA s4(1A)(c);Employment Relations Amendment Act (No 2) 2004 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601 |
| Number of Pages | 6 |
| PDF File Link: | wa 140_05.pdf [pdf 27 KB] |