| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 350/05 |
| Hearing date | 13 Jul 2005 |
| Determination date | 12 September 2005 |
| Member | V Campbell |
| Representation | R Jardine (in person) ; J Douglas |
| Location | Auckland |
| Parties | Jardine v New Zealand Institute of Studies Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Falling enrolments - Genuine redundancy - Respondent under misapprehension that applicant worked one program when he had moved to another program - Procedurally unfair - Applicant aware of difficulties respondent was having - Since focus of information applicant heard was about program he used to work in he did not think it relevant to him - Consultation process flawed - Did not follow own policy - Respondent purported to give four weeks' notice ending on a date that was three weeks away - Notice provided inadequate since only received three weeks' notice - Entitled to one week's pay in lieu of notice for other week - Teacher |
| Result | Application granted ; Reimbursement of lost wages ($769.25)(1 week in lieu of notice) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Statutes | ERA s4;ERA s103A |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Communication and Energy Workers Union v Telecom NZ Ltd [1993] 2 ERNZ 429;Wellington International Airport Ltd v Air NZ Ltd [1993] 1 NZLR 671;G N Hale & Son Ltd v Wellington etc Caretakers etc IUOW [1991] 1 NZLR 151 |
| Number of Pages | 11 |
| PDF File Link: | aa 350_05.pdf [pdf 49 KB] |