| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 137/06 |
| Hearing date | 15 Jun 2006 |
| Determination date | 08 September 2006 |
| Member | P Cheyne |
| Representation | R Donovan : A Shaw |
| Location | Christchurch |
| Parties | Donovan v Tourism West Coast Inc |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Respondent clearly advised applicant contemplating redundancies and arranged meeting to discuss options - Applicant sought to defer meeting to obtain advice but it proceeded informally with applicant given extra time to provide comment - Authority did not accept other employees advantaged, or applicant disadvantaged, relative to one another - Respondent did not use applicant's complaint about other employees against her - Applicant's position disestablished and payment made above contractual obligation - Genuine redundancy - Respondent did not comply with requirement to provide access to all relevant information and opportunity to comment before making decision that adversely affected employment - Delay in providing budget information - Applicant did not receive copy of email from other employee which formed basis of decision to reallocate work - Email also conveyed trenchant criticism of applicant - Entitled to opportunity to respond before decision made - Also merit in point applicant made to feel like thief as result of security measures taken on last day of work - Actions not those of fair and reasonable employer - Dismissal unjustified - Remedies - Respondent argued applicant contributed to situation as not adequately prepared for meeting with chairman - Did not lead to conclusion applicant contributed in blameworthy way to situation - Reinstatement not practicable - Length of service four years - Marketing manager |
| Result | Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Statutes | ERA s4;ERA s4(1A);ERA s103A |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601 |
| Number of Pages | 6 |
| PDF File Link: | ca 137_06.pdf [pdf 32 KB] |