| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 279/06 |
| Hearing date | 24 Aug 2006 |
| Determination date | 01 September 2006 |
| Member | L Robinson |
| Representation | R Mark ; S Leftley |
| Location | Auckland |
| Parties | Ruwhiu v Omapere Taraire E & Rangihamama X3A Ahu Whenua Trust |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Authority considered mediation would undermine urgent nature of proceedings - Respondent told staff restructuring likely and invited ideas to improve business - Consultant to deliver draft business plan to respondent later in week - Staff felt unable to give feedback without details of restructuring proposal and expressed concerns about consultation process - When new structure presented all staff displaced" and could apply for new positions - Authority did not accept applicant applied - Respondent considered applicant anyway and decided unsuitable - Unfair not to put views to applicant for comment - Applicant not given access to information relevant to continuation of employment or opportunity to comment before decision made - Duty of good faith required consultant's report be provided to applicant - Consultation about general restructuring not same as particular consultation about termination of specific position - Obligation on respondent to preserve continued employment wherever possible - Dismissal unjustified - Remedies - Authority not prepared to find dismissal inevitable if no procedural irregularities - Entitled to reimbursement of lost wages as Authority unable to conclude position genuinely redundant - New position remained vacant - Reinstatement ordered - Parties directed to mediation to assist reinstatement - Length of service not specified - Farm manager" |
| Result | Application granted ; Compensation for humiliation etc ($5,000) ; Reimbursement of lost wages (quantum to be determined by parties) ; Reinstatement ordered ; Parties directed to mediation ; Costs reserved |
| Statutes | ERA s4;ERA s103A |
| Cases Cited | Tamarua v Toll Tranzlink Ltd [2006] 1 ERNZ 599 |
| Number of Pages | 7 |
| PDF File Link: | aa 279_06.pdf [pdf 51 KB] |