| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 69/02 |
| Determination date | 18 March 2002 |
| Member | J Wilson |
| Representation | M McFadden ; D Hansard |
| Location | Auckland |
| Parties | Davis v NWD Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine - Alleged role taken over by another staff member - Subsequently published further editions of magazine - No doubt magazine not making a profit - Redundancy justifiable on economic grounds - At time of decision intention was to disestablish position - At the time of dismissal position was genuinely redundant - Should have been treated more openly - No opportunity to put forward alternatives - Failed to discharge obligation of good faith and fair treatment - Dismissal was procedurally unfair - Editor |
| Result | Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Coutts Cars Ltd v Baguley [2001] ERNZ 660;New Zealand Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |