| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 12/07 |
| Hearing date | 26 Oct 2006 |
| Determination date | 30 January 2007 |
| Member | P Montgomery |
| Representation | F J Wall ; I Davidson |
| Location | Christchurch |
| Parties | Hutchinson v Signature Security Systems Ltd & Anor |
| Other Parties | Webb |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant advised position to be replaced by two new roles with lower salaries and no supervisory duties - Told severance pay not open to negotiation - Respondent declined request to attend mediation on matter but undertook to provide applicant with job descriptions for new roles - Applicant finished work that day but to be given time to consider positions - No opportunity to comment on proposed restructure - Failure may have been of little consequence had job descriptions been provided - Applicant effectively excluded from applying and had no option but to accept dismissal - Process unfair as lacked true consultative element and because undertaking to provide position descriptions not carried through - Respondent's refusal to attend mediation during consultative process not breach of employment agreement as no employment relationship problem at time - Transfer of applicant's duties not a contractual breach of employment agreement - Redundancy genuine but process seriously flawed - Dismissal unjustified - Remedies - Claim for lost remuneration failed as redundancy genuine - Respondent commended for offer of assistance package and redundancy compensation - No lockout - Applications for penalties dismissed - Manager |
| Result | Application granted ; Compensation for humiliation etc ($6,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s82;ERA s82(1)(a)(iii);ERA s82(1)(b)(i);ERA s82(1)(b)(ii);ERA s134 |
| Number of Pages | 6 |
| PDF File Link: | ca 12_07.pdf [pdf 39 KB] |