| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 138/07 |
| Hearing date | 26 Jul 2007 - 14 Aug 2007 (2 days) |
| Determination date | 15 October 2007 |
| Member | P R Stapp |
| Representation | R Buchanan ; P Bremer |
| Location | Wellington |
| Parties | Barnett v Brooklyn Holdings Ltd & Ors |
| Other Parties | IJ Contractors Ltd, L James |
| Summary | UNJUSTIFIED DIMSISAL – Redundancy - Identity of employer – Applicant initially employed by first respondent, which was owned by third respondent – Alleged subsequently informed third respondent intended to rearrange business and change nature of employment relationships – Applicant claimed also told job secure and given employment agreement for second respondent, which he signed and returned – Respondent submitted did not receive signed copy and document only draft proposal, not offer – Applicant later called to meeting and told terminated – Claimed only explanation offered to him related to performance – Respondent contended applicant aware less finishing work required and agreed to leave in exchange for two weeks pay – Authority accepted while first respondent continued to do construction work for a time after dismissal, less finishing work and applicant would not have returned to tools – Respondent claimed attempts at redundancy process cut short when applicant decided to leave – Agreement signed by applicant not determinative of offer as not signed by employer and unclear how applicant obtained it – Authority satisfied performance not significant issue considering restructuring evidence – Applicant left when role changed, work due to slow down and declined to go back on tools – No dismissal – Finishing manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 10 |
| PDF File Link: | wa 138_07.pdf [pdf 43 KB] |