| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 12/09 |
| Hearing date | 23 Sep 2008 |
| Determination date | 19 January 2009 |
| Member | L Robinson |
| Representation | M Nutsford ; C Courtney |
| Location | Auckland |
| Parties | Cochrane v Kitchen House Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed respondent failed to consider redeployment as alternative to dismissal – Respondent argued no vacancy to redeploy applicant – Applicant employed as Operations Manager referred to by parties as “Kitchen Wizard” – Respondent told employees to expect redundancies – Applicant informed position redundant – Respondent asked applicant to “come up with a position the company had not thought of” – Applicant’s employment terminated for redundancy when could not put forward new position – Twenty employees made redundant by respondent in two month period – Applicant discovered “Kitchen Wizard” vacancy listed by recruitment agency for respondent – Applicant argued agency diverted applicant away from vacancy and instead invited applicant to discuss alternative positions – Respondent argued listed vacancy a mistake – Vacancy advertised again and respondent argued was another mistake – Applicant discovered further vacancy for “Operations Manager” position – Recruitment agent (“P”) confirmed position was with respondent – Authority accepted respondent’s evidence that redundancy genuine – Respondent argued sales positions available but applicant not considered because did not have sufficient sales experience – Applicant claimed did have sufficient sales experience – Authority found regardless, respondent failed to enquire – Applicant denied told by P that vacancy had revised sales focus – Authority found odd P appreciated applicant’s sales experience and referred applicant to vacancies with sales element but deemed applicant not right for respondent’s vacancy – Authority found suspicious evidence by respondent and P that P briefed advertised vacancy should involve sales, yet sales element omitted from final advertisement – Authority concluded P an unreliable witness – Found unlikely advertisements placed actual mistakes – Authority concluded Operations Manager vacancy available at time applicant made redundant – Applicant entitled to be considered for vacancies as alternative to termination of employment – Authority regarded respondent’s defence with suspicion as too many mistakes and inconsistencies which defied credibility – Dismissal procedurally unjustified – Remedies – No contribution – No award for reimbursement of lost wages as redundancy for genuine commercial reasons – Authority found $10,000 compensation appropriate given distressing circumstances experienced by applicant – Operations Manager |
| Result | Application granted ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 7 |
| PDF File Link: | aa 12_09.pdf [pdf 27 KB] |