| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 228/01 |
| Hearing date | 23 Aug 2001 - 24 Aug 2001 (2 days) |
| Determination date | 24 December 2001 |
| Member | Y S Oldfield |
| Representation | G Gowland ; C Patterson |
| Location | Auckland |
| Parties | Hunt v Powercall Technologies Ltd |
| Other Parties | Brocker Technology Group (NZ) Ltd, Brocker Technology Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Identity of employer - Whether respondents sufficiently integrated - Transferred to second respondent - No change in employment contract - No resignation - Respondents integrated and jointly liable as employer - Whether employed on fixed term contract - Original contract for fixed term - Alleged contract terminated on employment transfer - Existing conditions continued to apply - Continued on fixed term - Whether fixed term contract genuine - Fixed term for reasonable commercial reasons - Remainder of contract and holiday pay due and owing - Whether dismissal for redundancy justified - Drastic downsizing needed - Had to act urgently - Redundancy substantively justified - Told of redundancy in group meeting - No individual consultation - Forced to undergo security search on departure - Dismissal procedurally unfair - Dismissal unjustified - Sales and marketing manager |
| Result | Application granted ; Reimbursement of lost wages ($75,000)(Remainder of fixed term contract) ; Compensation for humiliation etc ($5,000) ; Arrears of holiday pay ($4,500) ; Costs reserved |
| Cases Cited | NZ Seafarers' Union Inc v Silver Fern Shipping Ltd (No 2) [1998] 3 ERNZ 786;Pemberton v WAS Ltd (formerly Webling & Stewart Seeds Ltd) [1999] 2 ERNZ 436;Red Eagle Corporation Ltd v Walker unreported, Colgan J, 11 September 1995, AEC 86A/95;Smith, Stone & Knight Ltd v Birmingham Corporation [1939] 4 All ER 116;Williams v Attorney-General in respect of the Secretary for Justice [1999] 2 ERNZ 457 |
| Number of Pages | 13 |
| PDF File Link: | aa 228_01.pdf [pdf 68 KB] |