| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 170/08 |
| Hearing date | 14 Apr 2008 |
| Determination date | 07 May 2008 |
| Member | R A Monaghan |
| Representation | D Smyth ; D Tamaki, M Meads |
| Location | Rotorua |
| Parties | Swann v Tamaki Tours Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Whether redundancy genuine - Applicant alleged dismissed because of union activities, not seasonal downturn in business - Also submitted “last on–first off” rule meant should not have been selected for redundancy - No written employment agreement - Subsequent hiring by respondent did not amount to replacement appointments and retention of other employees adequately explained - No “last on–first off” rule - Applicant nominated by co-workers to negotiate “collective” agreement with respondent - No connection between discussion about “collective” agreement and dismissal - Nothing in evidence indicated applicant dismissed for union or bargaining activities - Seasonal downturn reason for dismissal - Redundancy genuine - Although applicant permanent employee not protected from effects of seasonal downturn - However, entitled to consultation - Termination of applicant’s employment decided without taking his views into account on mistaken assumption was employed for summer season only - Consultation should have addressed applicant’s concerns about union activities and retention of other staff - Dismissal unjustified - Driver/guide |
| Result | Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | aa 170_08.pdf [pdf 28 KB] |