| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 69/09 |
| Hearing date | 26 May 2009 |
| Determination date | 27 May 2009 |
| Member | P R Stapp |
| Representation | no appearance ; P Bryant |
| Location | Napier |
| Parties | McGhie v Australasian Vinters Ltd |
| Other Parties | Fredricksen |
| Summary | UNJUSTIFIED DISMISSAL – Applicant’s counsel raised personal grievance arguing dismissal for redundancy unjustified – Respondent argued redundancy justified for genuine commercial reasons – No appearance by applicant – Day before investigation meeting applicant’s counsel’s receptionist advised Authority support officer that applicant sought to withdraw application – Authority support officer advised Authority required applicant put intentions in writing as applicant’s counsel stated had no instructions – Applicant contacted Authority support officer on morning of investigation meeting – Applicant stated would provide intention in writing but nothing received after an hour – Authority concluded no good cause for failure to appear and keep respondent waiting – Authority to proceed as if applicant duly attended or represented – At conclusion of investigation meeting Authority advised applicant had provided written intention not to proceed – Applicant stated instruction not to proceed not passed onto lawyer – Applicant stated decision to withdraw because could not afford legal costs – Authority found applicant had obligation to withdraw at earliest possible time and appeared let down by lawyer – Found unfortunately applicant’s lawyers failed to assist Authority professionally if instructions received at earlier date – Authority found applicant justifiably dismissed for redundancy – Authority accepted evidence provided by respondent’s manager – Authority found due to seasonal nature of respondent’s operations could not support some employees – Found respondent informed applicant of restructure and genuine consultation occurred – Found applicant did not have personal grievance where redundancy for genuine commercial reasons and consultation with applicant – Vineyard worker |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA clause 12 Schedule 2 |
| Number of Pages | 5 |
| PDF File Link: | wa 69_09.pdf [pdf 20 KB] |