| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 29/02 |
| Determination date | 15 February 2002 |
| Member | J Wilson |
| Representation | T Ivanson ; C Bennett |
| Location | Auckland |
| Parties | Pollok v Getley & Associates Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Position contracted out - Alleged lack of good faith - Failed to reach projected budget - Encouraged to develop area of business - Review of business and areas of activity following resignation of director - Informed of decision to contract out position - Requested redundancy entitlements immediately - No consultation on redundancy - Not situation where consultation impractical - Could have refused to comply with request for immediate redundancy - Actions fell short of standard required of reasonable employer acting fairly - Genuinely redundant - Procedural unfairness rendered dismissal unjustified - Gained alternative employment immediately - No reimbursement of lost wages payable - Recruitment consultant |
| Result | Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Coutts Cars Ltd v Baguley [2001] ERNZ 660;New Zealand Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739; [2000] 2 NZLR 565 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |