| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 44/07 |
| Hearing date | 11 Dec 2006 |
| Determination date | 23 April 2007 |
| Member | J Wilson |
| Representation | F Wall ; S Kinch |
| Location | Christchurch |
| Parties | Milligan and Ors v IAG New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Respondent restructured and applicants not reconfirmed in positions - Fair and reasonable process followed to reach decision to dismiss - Applicant's questioned selection process but no evidence process unfair or biased - Open to respondent to decide applicants not best for job - Dismissal justified - UNJUSTIFIED DISADVANTAGE - Respondent failed to properly manage consequences of decision to make applicants redundant - Resulted in more stress and trauma than necessary - Applicants should have had been given opportunity to be represented during process - Respondent's HR manager told Authority she considered supporting applicants her role - HR manager representative of respondent, support person had different role - Unjustifiable action - Applicants' request for penalties declined |
| Result | Application dismissed (Dismissal) ; Application granted (Disadvantage) : Compensation for humiliation etc ($8,000)(FM) ; ($6,000)(MB) ; ($3,000)(MS) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s3(1A)(c);ERA s4;ERA s4(1A);ERA s8;ERA s82;ERA s85;ERA s103A;ERA s134 |
| Cases Cited | Simpsons Farms Ltd v Aberhart [2006] 1 ERNZ 825 |
| Number of Pages | 14 |
| PDF File Link: | ca 44_07.pdf [pdf 56 KB] |