| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 19/02 |
| Determination date | 04 February 2002 |
| Member | WRC Gardiner |
| Representation | K Wilson ; D Robb & W Harvey |
| Location | Auckland |
| Parties | Robinson v Heinz-Wattie Australasia Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Sale and purchase of business - Advised of prospective sale - Notified when sale finalised - Meeting with representatives of new company before sale finalised - Not notified that purpose of meeting was job interview - Not disadvantaged by lack of notice - Offer of employment by new company - Accompanying letter from respondent stated that applicant to be made redundant if offer rejected - Entitled to consultation as to alternative options of employment with respondent - Mass redundancies - Applicant part of distinct management structure - Consultation entirely practical - Breach of contractual obligation to consult - Opportunity provided for consultation after personal grievance raised - Trust and confidence already destroyed - No false assurances of employment - Redundancy substantively justified but procedurally unfair - Sales representative |
| Result | Application granted ; Compensation for humiliation etc ($7,500) ; Costs reserved |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601 ; [1998] 3 NZLR 276;Coutts Cars Ltd v Baguley [2001] ERNZ 660 |
| Number of Pages | 15 |
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