| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 69/07 |
| Hearing date | 5 Apr 2007 |
| Determination date | 02 May 2007 |
| Member | D Asher |
| Representation | R Buchanan ; J Gibbs |
| Location | Wellington |
| Parties | McGregor v Mobil Oil New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE - Redundancy - During employment applicant took extensive paid sick leave – While on leave advised respondent proposed restructuring that would see operations shifting to Bangkok - Also claimed advised work had been redistributed to other team members and job gone" - On return applicant required to do project work - Presented with fait accompli and left with little option but to accept work - Postponement of project resulted in redundancy of applicant's position - Advised redundant unless another position could be found - Efforts to redeploy unsuccessful - Applicant properly did not contest substantive genuineness of redundancy but rather when it should have occurred - Claimed respondent’s actions caused her to go on further sick leave until date of redundancy - Given extent of applicant's absences, not unreasonable for respondent to redistribute work - However, it failed to take account of consequences of redistribution when project postponed - Also breached undertaking to give at least two months notice prior to redundancy - No evidence respondent set out to deliberately mislead or deceive applicant - Election and implementation of redundancy decision made without consultation - Unjustifiably disadvantaged and dismissed as result of failure to consult at time elected to postpone project - Election resulted in unilateral decision to terminate - Failure to consult was significant breach of s4(1A)(c) Employment Relations Act 2000 - Dismissal unjustified - Remedies - Applicant claimed medical problems attributable to respondent's actions - Sought medical costs - No reliable evidence actions responsible and sick leave taken for other reasons - Respondent not totally liable for applicant's inability to work and loss of earnings - Not certain applicant's employment would have continued had fair process been followed - Applicant to receive three month lost wages inclusive of additional one month's notice - Accounts clerk" |
| Result | Application granted ; Reimbursement of lost wages (3 months)(Quantum to be determined) ; Compensation for humiliation etc ($8,000) ; Leave reserved to return to Authority to determine quantum of lost wages ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Simpson Farms Ltd v Aberhart [2006] 1 ERNZ 825 |
| Number of Pages | 8 |
| PDF File Link: | wa 69_07.pdf [pdf 28 KB] |