| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 16/02 |
| Determination date | 04 February 2002 |
| Member | D Asher |
| Representation | S Meikle ; J Bingham |
| Location | Wellington |
| Parties | Ford v IndeServe Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine - Offered and accepted employment with company - Board passed resolution cutting staff numbers on same day - Last on first off selection criteria applied - Advised of redundancy over telephone - Alleged breach of good faith - Genuine need to affect redundancies - No evidence consultation was impracticable - No overwhelming financial urgency - Serious breach of good faith obligations - Denied opportunity to explore decision or minimise impact - Grossly insensitive termination - Breach of contractual obligation as to notice - Web developer |
| Result | Application granted ; Reimbursement of lost wages (Notice - quantum reserved) ; Compensation for humiliation etc ($6,500) ; Costs reserved |
| Statutes | ERA s4(4)(d);ERA s4(4)(e);ERA s124 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Coutts Cars Ltd v Baguley [2001] ERNZ 660 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |