| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 20/07 |
| Hearing date | 8 Dec 2006 |
| Determination date | 02 February 2007 |
| Member | P R Stapp |
| Representation | G O'Sullivan ; G Malone |
| Location | Palmerston North |
| Parties | Schuster v AFFCO New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant informed position disestablished and offered alternative role - Involved change to seasonal work - Applicant pressured for response even when sought more information and time to consult lawyer - Later advised new role no longer available and made redundant - No consultation - No reason for urgency given to matter by respondent - Rationale for restructuring not established to justify redundancy - Lack of disclosure and clarity in relation to alternative role misleading and not actions of fair and reasonable employer - Dismissal unjustified - Remedies - Serious case for reinstatement - However, reinstatement to previous position not practicable as possible respondent would work through process again - Could not be reinstated to alterative role as position uncertain and incomplete - Mitigation of lost wages barely adequate - Supervisor |
| Result | Application granted ; Reimbursement of lost wages ($10,475.30)(13 weeks) ; Compensation for humiliation etc ($12,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A) |
| Number of Pages | 7 |
| PDF File Link: | wa 20_07.pdf [pdf 30 KB] |