| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 310/06 |
| Hearing date | 14 Sep 2006 |
| Determination date | 03 October 2006 |
| Member | J Scott |
| Representation | B Leveson ; A Sheriff |
| Location | Auckland |
| Parties | Worrall v R Hannah & Co Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Respondent closed applicant's branch - Applicant declined positions at other branches because of travel involved - Believed respondent should have discussed possibility of role for her at proposed new local store - New branch only an agreement in principle, and dependent on number of requirements being met - Applicant offered position at new store once respondent knew going ahead - Claimed respondent had ulterior motives and only attempting to mitigate exposure to personal grievance claim - Branch closure presented to New Zealand management as fait accompli - No opportunity to consult on closure but proper to consult on alternative positions - Duty to consult did not extend to consulting on position at proposed store when no certainty about role at that location - For consultation to be meaningful must relate to alternatives about which there is certainty or near certainty - If applicant wished to work at proposed store she had duty in good faith to raise issue - Would have enabled respondent to clear up misunderstanding but made no difference to termination of employment - Not a breach of duty that group manager did not personally consult applicant - Authority noted respondent took other reasonable steps in process leading to and following termination, including payments in addition to contractual entitlements, and provision of good reference - Dismissal justified - Length of service 23 years - Manager |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand Ltd v Hudson [2006] ERNZ 415;Simpsons Farms Ltd v Aberhart [2006] 1 ERNZ 825 |
| Number of Pages | 6 |
| PDF File Link: | aa 310_06.pdf [pdf 37 KB] |