| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 28/09 |
| Hearing date | 22 Oct 2008 |
| Determination date | 10 March 2009 |
| Member | P Cheyne |
| Representation | P Norris ; J Levenbach |
| Location | Nelson |
| Parties | Duncan v Harveys Floor Pride Ltd |
| Summary | PRACTICE AND PROCEDURE – First respondent correct party to proceedings - UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed no genuine redundancy, procedure flawed and breach of good faith obligations – Applicant’s duties included generating quotes and job sheets – Respondent introduced new computer software to allow sales staff to generate own quotes and job sheets – Respondent advised no staff members would be made redundant because of new software – Parties discussed possibility of changing applicant’s position to reception and existing receptionist take over applicant’s duties – Applicant declined change claiming demotion – Respondent persisted applicant change position and altercation occurred – Meeting held and applicant presented with “Change of role” letter – Applicant told to accept change or face redundancy – Applicant refused both options - Applicant dismissed and left workplace – Applicant returned to workplace to collect belongings – Respondent asked applicant to sign redundancy letter – Applicant refused – Authority held applicant’s position not superfluous to needs of employer and therefore dismissal unjustified – Found respondent sought to give receptionist applicant’s duties and when applicant refused respondent dismissed applicant – Found no explanation for why new software created need to change applicant’s position - Found even if genuine redundancy existed, dismissal procedurally unjustified – No warning given and no opportunity for comment or obtain advice – Dismissal unjustified – Authority noted post-dismissal accusations parties made towards one another - REMEDIES – Found no contributory conduct – Found $5,000 compensation appropriate – Reimbursement of three months lost wages – Administrator |
| Result | Application granted ; Reimbursement of lost wages ($8,034)(3 months) ; Compensation for humiliation ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s128(2) |
| Cases Cited | GN Hale & Sons Ltd v Wellington etc Caretakers etc IUOW [1990] 2 NZILR 1079 |
| Number of Pages | 9 |
| PDF File Link: | ca 28_09.pdf [pdf 34 KB] |