| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 197/06 |
| Hearing date | 2 Mar 2006 |
| Determination date | 08 June 2006 |
| Member | V Campbell |
| Representation | K Nicolson ; C Blake |
| Location | Auckland |
| Parties | Maxwell v Conferenz Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Whether redundancy genuine - Alleged down turn in registrations - On balance of probabilities, genuine commercial reasons for restructuring - Whether process fair and reasonable - All employees advised of redundancy process and given opportunity to provide ideas - Selection criteria outlined in general terms - Respondent interviewed and ranked six affected employees, including applicant - Applicant told selected for redundancy based on attitude and tenure - Authority found respondent relied on grounds that applicant applied for job at competitor, was unlikely to remain employed with respondent long-term, and had one warning - Authority concerned at lack of consultation regarding how selection criteria applied and how ranking would take place - Also concerned at swiftness" of process - Failed to see need for urgency - Applicant not told attitude and tenure critical assessment areas - No opportunity to comment on poor ranking - Applicant not given sufficient time to prepare for selection interview - Marsland v Health Innovations Holdings Ltd (unrep, PR Stapp, 28 August 2003, WA 121/03) distinguished on facts - On balance of probabilities redundancy process unfair - Dismissal unjustified - Length of service one year five months - Conference manager" |
| Result | Application granted ; Compensation for humiliation etc ($5,000) ; No order for costs |
| Statutes | ERA s4 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Communication & Energy Workers Union Inc v Telecom NZ Ltd [1993] 2 ERNZ 429;GN Hale & Son Ltd v Wellington Caretakers IUOW [1991] 1 NZLR 151;Marsland v Health Innovations Holdings Limited unreported, PR Stapp, 28 August 2003, WA 121/03;NCR (NZ) Corporation Limited v Blowes [2005] 1 ERNZ 932;Nelson Aero Club Inv v Palmer unreported, Shaw J, 7 March 2000, WC 10A/00;Staykov v Cap Gemini Ernst & Young NZ Ltd unreported, Travis J, 20 April 2005, AC 18/05;Wellington International Airport Ltd v Air NZ [1993] 1 NZLR 671 (CA) |
| Number of Pages | 11 |
| PDF File Link: | aa 197_06.pdf [pdf 52 KB] |