| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 16/01 |
| Determination date | 14 March 2001 |
| Member | A Dumbleton |
| Representation | Barrett In Person ; D Divers |
| Location | Auckland |
| Parties | Barrett v North Harbour Aluminium 2000 Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine - Unfavourable market conditions - Drop in sales - Refused proposed variation in remuneration structure - Dismissed for redundancy - Whether dismissal due to poor performance - Commercial considerations were paramount - Limited options for small business - Genuine redundancy - Consultation about job loss - Redeployment considered - Inadequate consultation with regard to notice and how exit was to occur - Reinstatement not practicable - Sales consultant |
| Result | Application granted ; Compensation for humiliation etc ($3,000) ; No order for costs |
| Cases Cited | New Zealand Fasteners Stainless Ltd v Thwaites [2000] 2 NZLR 565 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |