| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 92/09 |
| Hearing date | 29 Oct 2008 |
| Determination date | 30 March 2009 |
| Member | V Campbell |
| Representation | AM McInally ; B Scotland |
| Location | Auckland |
| Parties | Flay v Vehicle Testing New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Respondent entered contract to provide services to company (“C”) – Applicant one of three employees provided to C to meet contractual work demands – Applicant’s back injury meant unable to carry out same duties as other vehicle inspectors (“VI”) – Applicant rarely completed normal duties of VIs when worked for C – Respondent advised by doctor applicant medically unfit for generic VI position – C terminated contract with respondent when lost client – Respondent’s employees no longer required by C – Subsequently respondent decided to restructure – Authority satisfied respondent’s restructuring for genuine commercial reasons – Found cessation of applicant’s position was in relation to work for C – Found applicant worked primarily at C’s site for many years – Applicant provided medical certificate at investigation meeting stating fit for VI position – However, found respondent understood at time applicant restricted with regard to fitness and unable to perform VI role – Applicant met with respondent to discuss redeployment options – Applicant advised respondent not interested in other vacancies – Applicant dismissed – Respondent rejected applicant’s request for another meeting – Authority found respondent’s decision fair and reasonable – Dismissal justified – Vehicle inspector |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s4 |
| Cases Cited | Simpsons Farms Ltd v Aberhart [2006] 1 ERNZ 825 (EC);G N Hale & Son Ltd v Wellington Caretakers IUOW [1991] 1 NZLR 151;New Zealand Fasteners Ltd v Thwaites [2000] 1 ERNZ 739;Communication & Energy Workers v Telecom [1993] 2 ERNZ 429;Wellington International Airport Ltd v Air NZ [1993] 1 NZLR 671 (CA) |
| Number of Pages | 9 |
| PDF File Link: | aa 92_09.pdf [pdf 42 KB] |