| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 381/05 |
| Hearing date | 15 Jun 2005 - 17 Jun 2005 (3 days) |
| Determination date | 27 September 2005 |
| Member | V Campbell |
| Representation | B Saipe (in person) ; P Craighead |
| Location | Auckland |
| Parties | Saipe v Waitakere Enterprise Trust Board |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Selection process fair - New positions had additional skills compared to applicant's role - Redundancy not genuine - Though his previous position had disappeared, was work available for applicant for which he was qualified and had necessary attributes - Did consult in relation to loss of previous position but failed to consult over potential redundancy situation - Proper consultation before giving applicant notice of termination would have allowed parties to have genuine discussions about new roles - No real opportunity to consider new roles - Unjustified dismissal - UNJUSTIFIED DISADVANTAGE - Applicant asked to return work vehicle which had previously been able to use - Alleged in return, was agreed he would work four day week supplemented by contract work - Alleged not provided with requisite contract work - At the time had raised grievance with respondent - However, more than three years had elapsed since then - Unable to assist further with disadvantage claim - Business facilitator |
| Result | Application granted (Unjustified dismissal); Reimbursement of lost wages ($13,750)(Three months) ; Compensation for humiliation etc ($8,000) ; Application dismissed (Unjustified disadvantage) ; Costs reserved |
| Statutes | Charitable Trusts Act 1957;ERA s4;ERA s114(6) |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Communication and Energy Workers Union v Telecom NZ Ltd [1993] 2 ERNZ 429;G N Hale & Son Ltd v Wellington etc Caretakers etc IUOW [1991] 1 NZLR 151;NCR (NZ) Corporation Ltd v Blowes [2005] 1 ERNZ 932;NZ Nurses Union v Air NZ Ltd [1992] 3 ERNZ 548;Wellington International Airport Ltd v Air NZ Ltd [1993] 1 NZLR 671 |
| Number of Pages | 10 |
| PDF File Link: | aa 381_05.pdf [pdf 44 KB] |