Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 295/07
Hearing date 21 Sep 2007
Determination date 24 September 2007
Member D King
Representation T Kurta ; P Cullen
Location Auckland
Parties Chitty v Hills Hats Ltd
Summary UNJUSTIFIED DISMISSAL – Redundancy – No written employment agreement – Applicant claimed made it clear when recruited if he moved to respondent it would have to match or better existing terms – However, respondent only saw previous employment agreement when applicant filed claim – Applicant could not contend respondent would agree to equal or better terms of agreement to which it had never been privy - Applicant believed parties agreed service with former employer would be carried over for purpose of redundancy – Redundancy not mentioned in respondent’s offer of employment – Applicant mistaken to think informal conversations with respondent’s general manager before offer of employment constituted terms of employment – Respondent considered restructuring due to financial position – After consultation, applicant informed position redundant – Applicant claimed respondent failed to follow process outlined to employees at start of restructuring – Process required meetings, but instead conducted via conference calls as applicant in different town to head office – While would have been more humane for applicant to have option of meeting if preferred, failure to meet in person did not vitiate process – Dismissal justified – BREACH OF CONTRACT - Applicant sought reimbursement of office expenses – No agreement for reimbursement of items claimed
Result Application dismissed ; Costs reserved
Main Category Personal Grievance
Number of Pages 8
PDF File Link: aa 295_07.pdf [pdf 35 KB]