| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 130/09 |
| Hearing date | 6 Aug 2009 |
| Determination date | 10 September 2009 |
| Member | P R Stapp |
| Representation | P Mooney ; P Groves |
| Location | New Plymouth |
| Parties | Cooper v The Stepping Stones Nursery Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant’s position disestablished following series of meetings – Authority found respondent consulted with applicant and was need for rationalisation that could impact on jobs – Found redundancy for genuine commercial reasons – Applicant argued redundancy predetermined – Found redundancy not predetermined – Respondent failed to provide adequate detail about selection process and criteria – Found respondent failed to properly consult on selection and application of criteria – Found respondent failed to consult on alternate options including job sharing, working fewer hours and being offered other work if available – Respondent did not properly disclose all information a fair and reasonable employer would be expected to disclose – Dismissal unjustified – REMEDIES – Redundancy genuine so outcome would not be any different – No reimbursement for lost wages – Compensation of $2,000 appropriate – COSTS – Length of investigation meeting not specified – Applicant entitled to costs as successful party – Found tariff approach appropriate – Found respondent’s unwillingness to attend mediation unfortunate – Found both parties added to costs in way dealt with Authority’s investigation – Respondent to pay $2,000 contribution to applicant’s costs – Nursery worker |
| Result | Application granted ; Compensation for humiliation etc ($2,000) ; Costs in favour of applicant ($2,000) ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 11 |
| PDF File Link: | wa 130_09.pdf [pdf 36 KB] |