| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 84/06 |
| Hearing date | 20 Dec 2005 |
| Determination date | 24 March 2006 |
| Member | R A Monaghan |
| Representation | P Skilton ; F Yasmin |
| Location | Auckland |
| Parties | Jack v Faithfull Funeral Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Parties reached agreement terminating applicant's employment because of redundancy - Applicant subsequently alleged redundancy not genuine - Whether agreement capable of being cancelled under Contractual Remedies Act 1979 on ground of misleading or deceptive conduct - Applicant alleged he had been led to believe that respondent would not be offering permanent employment to a work experience person (J") - However J was offered permanent employment after applicant made redundant - Authority accepted that respondent's director's representation that he intended to pick up many of applicant's duties was true - However, representation that J would not be offered permanent employment probably did not accurately reflect director's intentions - However, J not offered applicant's job and it was likely that personal assistant's request to reduce her hours meant J picked up more of applicant's duties than he would otherwise have done - Redundancy genuine - Authority declined to cancel agreement terminating applicant's employment - PENALTY - Applicant sought penalty under s4A Employment Relations Act 2000 ("ERA") for breach of good faith - Director breached s4(1) ERA by being less than full and frank to applicant about plans for J - Section 4A did not say whether Authority or Court had jurisdiction in respect of good faith penalties - On assumption that appropriate for Authority to deal with present application, Authority did not accept that director's failure was of a kind warranting a penalty - Embalmer/general hand" |
| Result | Application dismissed ; Costs reserved |
| Statutes | Contractual Remedies Act 1979 s7;ERA s4;ERA s4(1);ERA s4(3);ERA s4A;ERA s114(1);ERA s149 |
| Number of Pages | 5 |
| PDF File Link: | aa 84_06.pdf [pdf 32 KB] |