| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 37/06 |
| Hearing date | 12 Dec 2005 |
| Determination date | 14 February 2006 |
| Member | R A Monaghan |
| Representation | T Skinner ; C Heaton |
| Location | Auckland |
| Parties | Pryce v TelstraClear Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Respondent recruited applicant on fixed term employment agreement as manager for in-house door-to-door sales team to sell new product - Four months later applicant's role disestablished - Whether redundancy genuine - Authority accepted redundancy was genuine in that continuing operation of in-house door to door sales team not financially viable - Immediacy with which recruitment and retention problems arose called into question adequacy of human resource planning, but did not affect genuineness of redundancy - That new product was still available did not mean position was available to manage its sale - Fair procedure used to implement redundancy - Authority did not accept respondent failed to properly consider alternative positions for applicant - BREACH OF CONTRACT - Applicant sought payment for balance of fixed term - Applicant made redundant in reliance on provision in agreement for early termination in event of redundancy - No breach arising out of early termination - Sales manager |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | McAulay v Sonoco New Zealand Ltd [1998] 2 ERNZ 225 |
| Number of Pages | 4 |
| PDF File Link: | aa 37_06.pdf [pdf 24 KB] |