| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 6/02 |
| Determination date | 17 January 2002 |
| Member | N Taylor |
| Representation | G Clarke ; EJ Tait |
| Location | Timaru |
| Parties | O'Connor v Kim Buckley Investments Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Employment transferred to new franchise - Promoted to manager - Alleged promise of option to purchase or return to former position - Informed of profitability and operation concerns - Given one month to sort out problems - Franchise sold - Not employed by new owner - Alleged refused offer of alternative employment - Agreed evaluation process not followed - Assured of job security - Amounted to representation that could be reasonably relied on - Misleading and deceptive conduct - Breach of good faith obligations - Penalty not warranted - No real alternative positions offered - No adequate consultation - Redundancy genuine but procedurally unfair - Manager |
| Result | Application granted ; Reimbursement of lost wages ($8,280)(12 weeks) ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Statutes | ERA s4 |
| Cases Cited | Bachler v PharmEthicals Ltd unreported, Finnigan J, 2 November 1995, AEC 116/95;Communication & Energy Workers Union Inc v Telecom NZ Ltd [1993] 2 ERNZ 429;Hagar v Mitsubishi Motors (NZ) Ltd [1991] 3 ERNZ 114;Johnstone v Tegal Foods Ltd unreported, DS Miller, 2 February 1993, CT 5/93;Kitchen Pak Distribution Ltd v Stocks [1993] 2 ERNZ 401 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |