| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 190/09 |
| Hearing date | 24 Jul 2009 |
| Determination date | 04 November 2009 |
| Member | H Doyle |
| Representation | S McAuslin ; R Webster |
| Location | Christchurch |
| Parties | McAuslin v Hirequip Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy not genuine and process adopted by respondent unfair – Respondent argued applicant’s position genuinely redundant and process carried out in procedurally fair manner – Applicant argued hours became regular – Authority found applicant employed on permanent part-time basis rather than casual because worked regular hours – Respondent deemed applicant casual employee and had bearing on redundancy decision – Applicant advised of redundancy on last on first off basis – Dispute as to whether applicant advised respondent had another job and was looking at leaving anyway – Found no evidence to support statement by applicant – Found staff wages over budget and revenue down – Found redundancy genuine – Found applicant had no opportunity to comment and insufficient information to comment on decision – Found applicant did not have opportunity to put view that held permanent part-time position – Found had applicant had this opportunity, focus of restructuring may have been different – Found respondent failed to consult with all affected employees before proceeding to implement decision – Applicant argued unfair manager’s son not considered part of restructuring despite being last employed – Found respondent failed to properly consider alternatives to redundancy – Found respondent in breach of good faith obligations to consult with applicant – Dismissal unjustified – REMEDIES – No contributory conduct – Authority made no award for reimbursement of lost wages because despite procedural deficiencies likely applicant’s position redundant – Compensation of $4,000 appropriate – Customer service |
| Result | Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s4(1A)(c) |
| Number of Pages | 9 |
| PDF File Link: | ca 190_09.pdf [pdf 39 KB] |