| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 163/06 |
| Hearing date | 22 Feb 2006 |
| Determination date | 10 May 2006 |
| Member | A Dumbleton |
| Representation | B Samujh ; P Sullivan |
| Location | Auckland |
| Parties | Katipo v New Era Plastics Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Given four weeks notice of redundancy - Respondent company had been underperforming for several years - Decision made for owners to participate more directly and frequently in management of company - Respondent discharged its obligations to consult meaningfully with employees - Also discharged duty to act in good faith towards potentially affected staff - Position applicant had occupied became surplus to requirements of respondent - Position redundant for genuine commercial reasons - Justified dismissal - Not satisfied respondent breached requirement that applicant be given production work during certain period and notice period which followed - Other matters about employment agreement could not usefully be resolved - Length of service just over two years (Factory Manager for one year) - Factory manager |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s62 |
| Cases Cited | New Zealand Nurses Union v Air New Zealand [1992] 3 ERNZ 548 |
| Number of Pages | 4 |
| PDF File Link: | aa 163_06.pdf [pdf 24 KB] |