| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 379/06 |
| Hearing date | 7 Dec 2006 |
| Determination date | 15 December 2006 |
| Member | V Campbell |
| Representation | K Beck ; R McIlraith |
| Location | Auckland |
| Parties | Weatherly v Pulp and Paper Industry council of the Manufacturing and Workers Union & Anor |
| Other Parties | Norske Skog Tasman Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Respondent and union agreed to set of principles when redundancies proposed - Applicant made redundant and raised issues regarding quality of consultation - Parties undertook mediation and any irregularities during initial consultation dealt with by way of mediated settlement agreement - Agreement re-convened consultation process - Applicant made redundant and offered temporary employment in accordance with agreement - Applicant declined offer on basis matter before Authority - Fair and reasonable employer would have made applicant redundant - Insufficient evidence to draw conclusion respondent had closed mind during consultation process - Respondent did not breach obligations under collective agreement or Employment Relations Act 2000 - Both applicant and union had full opportunity to be involved in consultation process and process after settlement agreement met requirements of respondent's redundancy policy and principles - Dismissal justified - Comment on last on, first off" principle - Length of service more than 14 years - Cleaner" |
| Result | Application dismissed ; No order for costs |
| Statutes | ERA s49(1A);ERA s103A |
| Cases Cited | Communication & Energy Workers Union Inc v Telecom NZ Ltd [1993] 2 ERNZ 429;Simpson Farms Ltd v Aberhart (2006) 7 NZELC 98, 450;Wellington International Airport Ltd v Air New Zealand Ltd [1993] 1 NZLR 671 |
| Number of Pages | 13 |
| PDF File Link: | aa 379_06.pdf [pdf 76 KB] |