| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 287/09 |
| Hearing date | 22 Apr 2009 |
| Determination date | 19 August 2009 |
| Member | Y S Oldfield |
| Representation | B Saunders (in person) ; L Pipe, A Hutton |
| Location | Auckland |
| Parties | Saunders v Northland Spars and Rigging |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Redundancy – Applicant claimed respondent’s redundancy consultation inadequate – Also claimed redeployment options not properly considered and not genuine redundancy – Applicant an original owner of business on sold to respondent – Sale and purchase agreement contained provision for applicant’s employment with respondent – Applicant told by respondent worksite being closed – Respondent proposed disestablishing applicant’s managerial position and offered new position – Salary of new position lower than earlier position – Respondent argued applicant never functioned as manager despite title – Argued new position more accurate reflection of applicant’s work – Respondent offered applicant incentive based pay system allowing potential to reach original salary level – Applicant informed of redundancy when rejected redeployment offer – Subsequently incident during notice period where applicant told customer could not complete work because not employed by respondent – Respondent sent applicant away – Authority found applicant knew respondent seeking to reduce costs and rationalise services – Found applicant knew original role did not match managerial job title – Found applicant took no steps to exercise functions of manager – Found although respondent operated informally, consultation adequate – Found applicant rejected redeployment option – Found redeployment option offered to substantially similar role at comparable level of remuneration – Found redeployment offer reasonable – Found redundancy genuine – However, found respondent moved with undue haste regarding redundancy and sending away – Redundancy procedurally unjustified – Remedies – Found no entitlement to lost earnings – Found minor procedural defects – Found applicant’s behaviour towards customer warranted 100 percent contributory conduct – Operations Manager |
| Result | Application granted ; Compensation for humiliation etc (reduced to $0) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 9 |
| PDF File Link: | aa 287_09.pdf [pdf 31 KB] |