| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 18/06 |
| Hearing date | 18 Nov 2005 |
| Determination date | 08 February 2006 |
| Member | H Doyle |
| Representation | FJ Wall ; D Kilpatrick |
| Location | Christchurch |
| Parties | Haywood v Blackwell Motors Ltd |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Applicant's position as car sales manager disestablished - Worked as car salesman until resignation - Whether decision to disestablish was for genuine commercial reasons - Respondent considered efficiency of management structure in used car department against background of drop in profit and sustained losses - Respondent concluded it would reorganise department and disestablish position of car sales manager - No predetermination - Evidence did not support submission that restructuring was merely an exercise to restructure applicant's wages - Role of car sales manager ceased to exist and duties absorbed into other roles - Applicant given choice of taking alternative position or being paid out extended period of notice for redundancy - Applicant decided to take alternative position which had same base rate but less favourable commission package - Applicant not dismissed - Disestablishment for genuine commercial reasons - Whether fair and reasonable process - Applicant not advised to take representative to meeting - However applicant an intelligent man who was not materially disadvantaged by lack of representation - Overall process used was fair and reasonable - Respondent not obliged to redeploy applicant to position on no less favourable terms and conditions so this could not form basis of disadvantage claim - Applicant claimed he never received a letter which set out package for new role as car salesman and included a clause reserving respondent's right to change commission rates - Clause could not be held to have disadvantaged applicant because he had no knowledge of it - Non-publication order in respect of respondent's financial records - Car salesman/car sales manager |
| Result | Application dismissed ; Orders accordingly ; Costs reserved |
| Statutes | ERA s4(1A)(c);ERA Second Schedule cl10(1) |
| Number of Pages | 9 |
| PDF File Link: | ca 18_06.pdf [pdf 55 KB] |