| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 189/09 |
| Hearing date | 9 Mar 2009 - 1 Apr 2009 (2 days) |
| Determination date | 17 June 2009 |
| Member | V Campbell |
| Representation | J Peebles ; S Palmer |
| Location | Hamilton |
| Parties | Lapworth v Fonterra Cooperative Group |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed “last on first off” (“LOFO”) principle entitled applicant to priority for redeployment positions due to 24 year service with respondent – Claimed respondent wrongfully applied LOFO breaching collective employment agreement (“CEA”) - Respondent claimed no breach as LOFO correctly applied – Respondent’s redeployment process followed LOFO policy – Policy stated if more than one worker applied for same position, the successful worker would be worker with longest period of service, “all other things being equal” – Respondent advised applicant to identify preferences for redeployment positions, attend workshops to prepare for selection process and undergo competency test – Applicant received low rating on competency test and unsuccessful in all redeployment applications – Respondent held meetings to provide applicant with constructive feedback and extended end date of employment to consider additional redeployment opportunities – Applicant dismissed – Authority found LOFO correctly applied because applicant not equal with other employees who applied for same position – Found respondent fulfilled all good faith obligations towards applicant and fair redundancy process - Dismissal justified |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A |
| Cases Cited | Communication & Energy Workers Union Inc v Telecom New Zealand Ltd [1993] 2 ERNZ 429;Fonterra Cooperative Group Limited v van Heerden and Anor [2007] ERNZ 791;GN Hale & Son Ltd v Wellington Caretakers IUOW [1991] 1 NZLR 151;New Zealand Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739;Simpson Farms v Aberhart [2006] ERNZ 825;Wellington International Airport Ltd v Air New Zealand [1993] 1 NZLR 671 |
| Number of Pages | 8 |
| PDF File Link: | aa 189_09.pdf [pdf 34 KB] |