| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 41/06 |
| Hearing date | 2 Feb 2006 |
| Determination date | 22 March 2006 |
| Member | P Montgomery |
| Representation | R Thompson ; P James |
| Location | Christchurch |
| Parties | Harris v Charter Trucks Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Employment terminated after review of need for equipment operated by applicant – Respondent entitled to reduce number of equipment operators – Criteria for redundancy selection clearly communicated – Three day period for response sufficient and agreed to by applicant – Letter from applicant failed to address relevant matters or provide alternative proposals – In absence of adequate response respondent entitled to implement redundancy – Redundancy genuine and procedurally fair – UNJUSTIFIED DISADVANTAGE – Applicant asked not to attend work for one week pending meeting to discuss possible redundancy – Suspension not disciplinary but to enable operational review – Applicant on full pay – No unjustified disadvantage – Length of service 10 months – Swing lift truck driver |
| Result | Applications dismissed ; Costs reserved |
| Cases Cited | Coutts Cars v Baguley [2001] ERNZ 660 ; [2002] 2 NZLR 533 |
| Number of Pages | 5 |
| PDF File Link: | ca 41_06.pdf [pdf 29 KB] |