| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 177/06 |
| Hearing date | 22 Mar 2006 |
| Determination date | 19 May 2006 |
| Member | J Scott |
| Representation | J Forret ; S Hornsby-Geluk |
| Location | Auckland |
| Parties | Foote v Transpower New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Redundancy - Proposal emerged for respondent to establish a Northern Field Services Office in Auckland - That had implications for relocation of staff from Hamilton to Auckland - Applicant was among affected staff - Applicant alleged redundancy not genuine, was not treated fairly in process, and was underpaid redundancy entitlement - Credibility finding in favour of respondent's witnesses - Respondent's conduct entirely consistent with best practice principles - Respondent consulted exhaustively with staff - Respondent modelled good faith behaviours - Genuine redundancy - Applicant treated fairly in process - Respondent actively looked for positions within company for which applicant had necessary skills - Applicant did not apply for those positions - No disparity of treatment - Whether severance compensation correctly paid - Interpretation of agreement - Severance entitlements correctly calculated and paid in full - Length of service 36 years - Order made prohibiting reference to name or identity or information that could lead to identification of any person whose severance payments had been identified or described in evidence in investigation and details of those payments |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s103A |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Cammish v Parliamentary Services [1996] 1 ERNZ 404;Communication & Energy Workers Union Inc v Telecom NZ Ltd [1993] 2 ERNZ 429;Goston v New Zealand Railways Corporation unreported, Goddard CJ, 3 May 1996, WEC 24/96;GN Hale & Sons Ltd v Wellington etc Caretakers etc IUOW [1990] 2 NZILR 1079; (1990) ERNZ Sel Cas 843;NZ Fasteners Stainless Ltd v Thwaites [2000] 2 NZLR 565;Wisniewski v Rubicon Ltd unreported, RA Monaghan, 22 November 2002, AA 341/02 |
| Number of Pages | 14 |
| PDF File Link: | aa 177_06.pdf [pdf 75 KB] |