| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 304/07 |
| Hearing date | 27 Aug 2007 |
| Determination date | 03 October 2007 |
| Member | V Campbell |
| Representation | M Olphert ; L Newdici (in person) |
| Location | Hamilton |
| Parties | Byford v Newdick & Anor |
| Other Parties | Newdick |
| Summary | UNJUSTIFED DISMISSAL – Redundancy - Respondent received WINZ subsidy for applicant – Respondent reviewed farm structure as struggling with cash flow – Informed applicant of proposal and arranged meeting – Around same time applicant suffered workplace injury – On balance of probabilities Authority satisfied applicant given appropriate duties while injured – At meeting discussed injury and possibility of redundancy – Alternative position had lower wage and unattractive to applicant – Applicant continued at work until had altercation with respondent - Given medical certificate due to stress – Next day respondent visited applicant at farm house and informed him position disestablished – Applicant to work out two weeks notice - Following day applicant threatened respondent, who contacted police and obtained trespass notice against applicant – Applicant called to disciplinary meting – Told incident being treated as serious misconduct and dismissal possible – Applicant advised unable to attend work or meeting for remainder of notice period – Respondent wrote to applicant advising relationship irrevocable broken and respondents feared for lives – Gave applicant notice under Residential Tenancy Act 1986 to vacate premises – Also provided list of duties for final week as requested by applicant – Genuine redundancy – Applicant provided with opportunity for input into decision – Dismissal justified – Assistant farm manager |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;Residential Tenancy Act 1986 |
| Cases Cited | Simpson Farms v Aberhart [2006] 1 ERNZ 825 |
| Number of Pages | 7 |
| PDF File Link: | aa 304_07.pdf [pdf 34 KB] |