| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 215/08 |
| Hearing date | 30 Apr 2008 |
| Determination date | 20 June 2008 |
| Member | V Campbell |
| Representation | S Scott ; S Grice |
| Location | Tauranga |
| Parties | Jopson & Anor v Bay Milk Distributotrs Ltd |
| Other Parties | Moorehead |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Respondent restructured for genuine commercial reasons - Applicants had opportunity to comment on proposed restructuring - Respondent indicated would select staff for redundancy using “last on, first off” system - Also claimed told applicants would take into account other performance factors - Respondent took ability of applicants to work weekends into account - Applicants claimed criteria not discussed with them and they could have made arrangements to work weekends if had known this was part of assessment - On balance of probabilities respondent did not make clear all the factors it would be taking into account - Applicants not given proper opportunity to demonstrate they could meet all the criteria - Dismissals unjustified |
| Result | Application granted ; Compensation for humiliation etc ($2,500)(each applicant) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A |
| Cases Cited | Communication & Energy Workers Union Inc v Telecom NZ Ltd [1993];2 ERNZ 429;GN Hale & Son Ltd v Wellington Caretakers IUOW [1991] 1 NZLR 151;NZ Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739;Savage v Unlimited Architecture Ltd [1999] 2 ERNZ 40;Simpson Farms v Aberhart [2006] 1 ERNZ 825;Wellington International Airport Ltd v Air NZ [1993] 1 NZLR 671 |
| Number of Pages | 9 |
| PDF File Link: | aa 215_08.pdf [pdf 47 KB] |