| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 387/09 |
| Hearing date | 18 Jun 2009 |
| Determination date | 04 November 2009 |
| Member | A Dumbleton |
| Representation | A Lloyd, I Foote ; K Thompson |
| Location | Auckland |
| Parties | Jamieson v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Authority found redundancy genuine – Applicant subject to collective employment agreement (“CEA”) – Union concurred with respondent in making variation to particular criteria in redundancy provisions of CEA – Respondent used selection criteria for redundancies – Found under selection criteria applicant not given credit for long service as flight attendant in domestic operations – Selection criteria applied to applicant and position selected for redundancy – Selection provisional because applicant offered opportunity to comment on selection criteria and application – Applicant wrote to respondent objecting that no account taken of long and successful period of 11 years continuous current service – Found respondent acted as fair and reasonable employer – Dismissal justified – PENALTY – Found no basis for claims for penalty for breach of good faith – Flight attendant |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A);ERA s56;ERA s103A |
| Number of Pages | 7 |
| PDF File Link: | aa 387_09.pdf [pdf 35 KB] |