| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 62/07 |
| Hearing date | 22 Mar 2007 |
| Determination date | 14 June 2007 |
| Member | J Crichton |
| Representation | D Caldwell & A Shakespeare ; A Gorton |
| Location | Christchurch |
| Parties | Wood v Cardinal Freight Distribution Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - UNJUSTIFIED DISMISSAL - Redundancy - Applicant told respondent no longer needed his position - When applicant declined alternative position advised redundant effective immediately, although received payment in lieu of notice - Raised grievance when found evidence he considered called into question genuineness of redundancy - Respondent claimed grievance not raised within 90 days - Applicant argued time should run from date became aware of evidence, or from end of notice period - In circumstances, operative date from which time to run was end of notice period - Alternatively, Authority also satisfied time could run from date applicant discovered advertisement for what he considered to be his position - Grievance raised in time - Process followed by respondent not that of fair and reasonable employer - No consultation - Not necessary to determine whether redundancy genuine - Dismissal unjustified - Remedies - Applicant had difficulty obtaining new employment - Possibly because previous manager had given unfavourable reference to recruitment agency - Reference not fair or balanced and not put to applicant for comment - That such a reference could be circulated to even one recruitment consultant disgraceful lapse of good employer principle - Document taken into account in assessing compensation - Penalty for failure to provide employment agreement statute barred - In any event, deficits could be properly dealt with as part of compensation - Salesperson |
| Result | Application granted ; Reimbursement of lost wages ($26,442.30)(6 months) ; Compensation for humiliation etc ($14,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s4(4)(e);ERA s103A;ERA s135(5) |
| Cases Cited | Simpsons Farms Ltd v Aberhart [2006] 1 ERNZ 825 |
| Number of Pages | 7 |
| PDF File Link: | ca 62_07.pdf [pdf 28 KB] |