| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 222/09 |
| Hearing date | 3 Feb 2009 |
| Determination date | 06 July 2009 |
| Member | L Robinson |
| Representation | SG Hughes-Sparrow (in person) ; S O'Brien |
| Location | Auckland |
| Parties | Hughes-Sparrow v Rug Doctor (New Zealand) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy procedurally and substantively unjustified – Respondent argued followed fair redundancy process – Respondent held presentation on restructure proposal and expressly notified applicant position affected – Applicant gave feedback however advised proposal confirmed without amendments – Respondent’s Director invited applicant to apply for alternative positions however applicant declined – Applicant dismissed, offered redundancy compensation and given 4 weeks notice – Authority found redundancy genuinely pursued business goals – Found respondent consulted applicant on proposal, gave opportunity for input and all good faith obligations met – Found applicant mistakenly believed position could not be made redundant because applicant was only registered technician – Found applicant exercised own prerogative by not applying for alternative positions – Dismissal justified – ARREARS OF WAGES – Authority ordered respondent to pay applicant 20 days arrears of wages – Applicant claimed bonus payment of $400 owing – Authority found equitable to order bonus payment given respondent’s failure to assess applicant’s bonus entitlement pursuant to employment agreement – Respondent ordered to pay applicant $400 for bonus payment – Service Technician |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Arrears of Wages) ; Arrears of wages ($521.35) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A |
| Cases Cited | GN Hale & Son Ltd v Wellington Caretakers IUOW [1991] 1 NZLR 151 |
| Number of Pages | 9 |
| PDF File Link: | aa 222_09.pdf [pdf 40 KB] |