| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 174/06 |
| Hearing date | 18 Jul 2006 |
| Determination date | 08 December 2006 |
| Member | P Montgomery |
| Representation | B Climo ; P Goodman |
| Location | Christchurch |
| Parties | Barrett & Anor v The Matai Club Inc |
| Other Parties | Mathews |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicants claimed redundancies shams and process seriously flawed - Respondent contended applicants (B") and ("M") positions genuinely surplus to requirements, however, conceded procedure adopted to dismiss applicants seriously flawed - Given respondent's concession, investigation meeting focused on justification for redundancies and effect on applicants - Financial situation of respondent necessitated realigning tasks to reduce overhead costs and avoid insolvency - Evidence reflected financial difficulty of club - Respondent found it could operate reasonably well without "Secretary/Manager" position but could not operate without "Office administrator" position - New executive manager position created incorporating duties from "Office administrator", "Secretary/Manager", and "Bar manager" positions - Authority found was an option available to respondent - B invited to apply for new position but did not apply - Authority found genuine reasons for redundancies - M's claim employed under 30 month fixed term contract not made out - Remedies - Applicants also claimed were seriously embarrassed when friends saw "their" jobs advertised - Both applicants given appropriate notice which was either worked out or paid in lieu - No awards made for lost remuneration - Public inferences drawn from job advertisements or resulting hurt could not be fairly laid at the door of employer - However, appropriate applicants awarded compensation for hurt and humiliation suffered - Bar manager and secretary/manager" |
| Result | Applications granted ; Compensation for humiliation etc ($8000)(B) ; ($6000)(M) ; Costs reserved |
| Cases Cited | Baguley v Coutts Cars Ltd [2002] 2 ERNZ 409;Waitakere City Council v Ioane [2004] 2 ERNZ 194 (CA) |
| Number of Pages | 5 |
| PDF File Link: | ca 174_06.pdf [pdf 41 KB] |