| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 140/07 |
| Hearing date | 24 May 2007 |
| Determination date | 19 November 2007 |
| Member | P Montgomery |
| Representation | S Wilson ; D McLeod |
| Location | Timaru |
| Parties | Kessick v Canterbury Wool Scourers Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Redundancy - When business sold to respondent, applicant accepted role doing same work on provision may be amended in future - Advised of restructuring and invited to discuss proposal to create new, expanded position and disestablish current role - Applicant attempted to clarify proposal but put off by manager - Alleged interview merely “going through the motions” - Applicant unsuccessful and given notice - Failure to provide job description for initial role breached s65 Employment Relations Act 2000 - Breach significant as unclear whether initial role substantially different from new position - Respondent in no position to assert positions substantially different - Issues could have been addressed before interview, but manager refused to provide clarification - Applicant’s evidence manager assured him would still have job with respondent accepted - Failure to consult and behaviour when setting up interview lacked good faith - Procedure seriously deficient - Heightened responsibility when considering termination of long standing employee unlikely to find comparable employment due to age and industry - Also conflict of interest may have influenced objectivity of selection process - External candidate proposed by member of interview panel - No genuine pursuit of alternative employment - Redundancy not genuine - Dismissal unjustified - Production co-ordinator |
| Result | Application granted ; Reimbursement of lost wages (8 weeks) ; Compensation for humiliation etc ($15,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s65;ERA s103A |
| Cases Cited | New Zealand Fasteners Stainless Ltd v Thwaites 2 NZLR [2000] |
| Number of Pages | 14 |
| PDF File Link: | ca 140_07.pdf [pdf 56 KB] |