| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 403/05 |
| Hearing date | 22 Aug 2005 |
| Determination date | 10 October 2005 |
| Member | R A Monaghan |
| Representation | H Russ ; K Stretton |
| Location | Auckland |
| Parties | Green v Marexim Export-Import Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant made suggestion to have a representative on the road to save making one position redundant - Not obliged to accept suggestion - Shortly after redundancy was advertisement for on the road position - However, position not same or substantially similar to applicant's position - Not persuaded that position was one that could and should have been offered to applicant - Dismissal justified - UNJUSTIFIED DISADVANTAGE - Raised for first time at investigation meeting - Outside 90 day time limit - No application for leave - Applicant not pressured into signing written employment agreement - If applicant had resigned, would have been four weeks notice instead of two with redundancy - No misleading or deceptive conduct by respondent - Open to applicant to make own enquiries and pursue matter of resignation if wished to |
| Result | Applications dismissed ; Costs reserved |
| Statutes | ERA s114;ERA s115;ERA s122 |
| Cases Cited | NZ Van Lines Ltd v Gray [1999] 1 ERNZ 85; [1999] 2 NZLR 397 (CA) |
| Number of Pages | 5 |
| PDF File Link: | aa 403_05.pdf [pdf 32 KB] |