| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 347/09 |
| Hearing date | 21 Sep 2009 |
| Determination date | 29 September 2009 |
| Member | Y S Oldfield |
| Representation | E Facta (in person) ; S Johnstone |
| Location | Auckland |
| Parties | Facta v Gillespie Engineering Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy unjustified – Respondent argued redundancy genuine – Applicant advised of respondent’s financial difficulties – Applicant advised of steps taken to cope with reduced work flow – Respondent reduced work hours and initiated redundancy process for other employees – Respondent advised applicant position terminated for redundancy – Applicant did not have necessary computer skills central to business operations – Applicant received one week’s notice and outstanding wages pursuant to employment agreement – Authority found redundancy for genuine business reasons – Found redundancy selection process based on objective business needs – Found respondent failed to consult applicant about termination itself, however not serious breach of duty because respondent had no other alternative options to termination – Found respondent’s failure did not cause applicant distress – Found even if compensation sought by applicant, no award would be given - Found one week’s notice consistent with EA - Dismissal justified – Tuner/Welder |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | aa 347_09.pdf [pdf 24 KB] |