| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 6/07 |
| Hearing date | 27 Sep 2006 |
| Determination date | 15 January 2007 |
| Member | J Scott |
| Representation | T Oldfield ; P Gaskin |
| Location | Auckland |
| Parties | Hammond & Anor v Bakel's Edible Oils (NZ) Ltd |
| Other Parties | Youngman |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Respondent proposed to change employees hours - Changes substantial and envisaged applicants (H") and ("Y") would need to agree and sign variations - New proposal required applicants work wider span of hours and total weekly hours would be reduced - Increase on hourly rate to compensate for reduced hours - Applicant's put forward questions in relation to proposed changes - Authority found applicants told respondent unhappy with changes - Applicants employment terminated on grounds of redundancy - Restructuring had no affect on number of employees required for operations - Implementation of redundancies unfair - Applicants not given notice redundancy possible - No appropriate consultation on redundancy proposal - Requirement to engage in consultation on redundancy different from consultation on restructure of operations - Second applicant saw changes as significantly reducing leisure/family time - Negative impact of proposal noted but not genuinely addressed - If all reasonable consultation, negotiation and persuasion failed to resolve impasse then would have been justified in considering redundancy - Dismissal unjustified - Applicants submission dismissal amounted to unlawful lockout declined - Tank farm operators" |
| Result | Application granted ; Reimbursement of lost wages (H")($5,934) ; ("Y")($2,350) ; Compensation for humiliation etc ("H")($6,000) ; ("Y")($6,000)" |
| Main Category | Personal Grievance |
| Statutes | ERA s161(1) |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601 ; [1998] 3 NZLR 276;Communication & Energy Workers Union Inc v Telecom NZ Ltd [1993] 2 ERNZ 429;Coutts Cars Ltd v Baguley [2001] ERNZ 660 (CA);Davis v Ports of Auckland Ltd [1991] 3 ERNZ 475;Grant v Superstrike Bowling Centres Ltd [1992] 1 ERNZ 727;GN Hale & Son Ltd v Wellington etc Caretakers etc IUOW [1991] 1 NZLR 151;Greenwood v Farmers Trading Co Ltd unreported, EC Auckland, AEC121/97, 20 October 1997, Colgan J;Nee Nee & Others v TLNZ Auckland Ltd AC unreported, EC Auckland, AC13/06, 16 March 2006, Travis J;New Zealand Fastners Stainless Ltd v Thwaites [2000] 2 NZLR 565;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;W & H Newspapers v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29;Wellington International Airport Ltd v Air New Zealand [1993] 1 NZLR 671 (CA) |
| Number of Pages | 12 |
| PDF File Link: | aa 6_07.pdf [pdf 58 KB] |