| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 5/08 |
| Hearing date | 28 Aug 2007 - 29 Aug 2007 (2 days) |
| Determination date | 17 January 2008 |
| Member | P Cheyne |
| Representation | J Guthrie ; L Brook |
| Location | Dunedin |
| Parties | Jinkinson v Oceania Gold (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Casual employment agreement - Applicant worked on consistent basis following roster but at times was told no work available and did not work or get paid for those periods - Not paid when took other days off - Applicant casual employee - Respondent proposed combining number of positions into new roles - Applicant not appointed to new position - Employment terminated despite new positions remaining vacant - Genuine redundancy - Even if applicant right to refute not being offered new position, did not change fact original role redundant - Not a case about selection for redundancy - Employment in original position to end once respondent decided to disestablish position - Criteria used to appoint people to new positions not relevant to decision to disestablish original role and not required to be disclosed - UNJUSTIFIED DISADVANTAGE - Respondent did not arrange for applicant to be told of dismissal in circumstances where support person could be present - Aware applicant expected to be offered new position and would be dismissed - Breach resulted in avoidable stress - Grievance better seen as unjustified disadvantage - Grade controller |
| Result | Application granted (Disadvantage) ; Compensation for humiliation etc ($2,000) ; Application dismissed (Dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA 4(1A)(1)(c) |
| Cases Cited | Coutts Cars Ltd v Baguley [2001] 1 ERNZ 660;Hayden v Wellington Free Ambulance Service [2002] 1 ERNZ 299;Nee Nee & Ors v TLNZ Auckland Ltd unreported, Travis J, 30 March 2006, AC13/06;Simpson’s Farms Ltd v Aberhart [2006] 1 ERNZ 825;Victoria University of Wellington v Haddon [1996] 1 ERNZ 139 |
| Number of Pages | 9 |
| PDF File Link: | ca 5_08.pdf [pdf 42 KB] |