| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 396/08 |
| Hearing date | 31 Jul 2008 |
| Determination date | 20 November 2008 |
| Member | M Urlich |
| Representation | AM McInally ; D Munro |
| Location | Auckland |
| Parties | Rose v United Container Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed discriminated against because of union activities, redundancy not genuine and process leading up to redundancy unjustified – Applicant invited to meeting and told position redundant – Applicant attended further meeting with two union representatives – Respondent produced dismissal letter at second meeting - On objective assessment of respondent’s conduct and relevant circumstances, Authority not satisfied that applicant discriminated against on basis of union activity – Authority found applicant aware business decreasing but dumbfounded that position redundant – Found no prior consultation with applicant nor union about redundancy – No consultation about redeployment options respondent had considered and executed – Found dismissal meeting not fairly convened because applicant had no notice of purpose of meeting and no representative – Significant flaws in process alone rendered dismissal unjustified – REMEDIES – Applicant claimed lost wages beyond twelve weeks provided for in employment agreement (“EA”) – Applicant secured alternative employment on lesser terms requiring more travel to and from work – Authority accepted applicant sufficiently mitigated losses – One month’s lost wages awarded in addition to sum stipulated in EA, pursuant to s128(3) Employment Relations Act 2000 – Applicant claimed shocked by sudden redundancy - Claimed hurt and humiliation exacerbated by inaccurate dismissal letter and respondent’s casual approach to leaving function – Compensation appropriate – No contributory conduct - Storeman/general hand |
| Result | Application granted (Dismissal) ; Reimbursement of lost wages ($2,235.20)(One month) ; Compensation for humiliation etc ($7,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1)(a);ERA s4(1A)(b);ERA s4(4)(d);ERA s4(4)(e);ERA s103A;ERA s124;ERA s128(2);ERA s128(3) |
| Cases Cited | Assn of Salaried Medical Specialists v Otago DHB [2006] 1 ERNZ 492;NZ Workers IUOW v Sarita Farm Partnership [1991] 1 ERNZ 510 |
| Number of Pages | 9 |
| PDF File Link: | aa 396_08.pdf [pdf 39 KB] |