| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 11/01 |
| Determination date | 20 April 2001 |
| Member | P Cheyne |
| Representation | EJ Tait ; AC Shaw |
| Location | Christchurch |
| Parties | Hamilton v Frontline Finance Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether genuine redundancy - Sale and purchase of part of business - Operational employees, including applicant, required to continue employment - Offer of transfer - Assured security of continued employment - Decision made to dismiss applicant - Dismissed during telephone conversation - Dismissal then explained in meeting - No consultation - Similar position subsequently advertised - Misleading actions predated confirmation and completion of sale and purchase agreement - Employee entitled to rely on impression given by new employer's representative - Failure to deal with applicant in good faith - Inadequate assessment of skills and consideration of redeployment - Dismissal unjustified - Penalty sought but inappropriate - Significant emotional effect caused by dismissal - Remedies limited because redundancy inevitable - Business banking manager |
| Result | Application granted ; Reimbursement of lost wages (2 weeks) ; Compensation for humiliation etc ($15,000) ; Costs reserved |
| Statutes | ERA s4;ERA s4(1);ERA s4(2)(d);ERA s4(4)(d);ERA s4(4)(e);ERA s128(2);ERA s218(3);ERA s133(1)(a) |
| Cases Cited | Baguley v Coutts Cars Ltd [2000] 2 ERNZ 409;Rongotai College Board of Trustees v Castle [1998] 2 ERNZ 430 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |