| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 157/08 |
| Hearing date | 5 Nov 2008 |
| Determination date | 26 November 2008 |
| Member | P R Stapp |
| Representation | A Millar ; P Chemis |
| Location | Palmerston North |
| Parties | Dowds v Universal College of Learning |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant signed five year fixed term employment agreement (“EA”) that included redundancy clause - Following consultation process applicant’s employment terminated for redundancy before expiry of fixed term - Applicant paid and accepted annual leave, holiday pay, notice and redundancy payments - Applicant claimed relied on oral assurance by respondent’s Human Resources Manager (“K”) that redundancy clause of no effect - Claimed redundancy predetermined and a sham - Claimed was unfair bargaining for individual EA - K claimed never gave oral assurance - Authority found fixed term agreement met requirements under Employment Relations Act 2000 (“ERA”) - Found fixed term genuine - Found applicant given EA to read and get advice - Found applicant discussed EA with others before signing it - Found no inducement for applicant to sign EA - Found entirely permissible for respondent to include redundancy provision in fixed term agreement - Found respondent entitled to rely on clause to terminate employment - Authority satisfied redundancy not predetermined or a sham - Found applicant given opportunity to engage in documented consultation process - Found applicant given all information - Found applicant’s position relied on funding under tertiary funding regime - Found three other employee’s affected by respondent’s need to make savings - Found respondent did consider redeployment and applicant could have taken it up if wished - Authority found no evidence to support claim of unfair bargaining - None of grounds for establishing unfair bargaining under s68(2) ERA established - No unjustified dismissal - Professor and Dean and International Programmes |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s63A;ERA s68;ERA s68(2);ERA s69 |
| Number of Pages | 6 |
| PDF File Link: | wa 157_08.pdf [pdf 32 KB] |