| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 436/09 |
| Hearing date | 13 Oct 2009 |
| Determination date | 07 December 2009 |
| Member | L Robinson |
| Representation | R Reed ; M Robins |
| Location | Auckland |
| Parties | Zhuang v First Mobile New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Respondent advised applicant overpaid commission and would deduct overpayment from salary – Applicant sought legal advice and parties agreed would not pursue overpaid commission – Applicant advised about restructuring – Applicant claimed singled out because paid higher salary than other sales representatives – Applicant attended meetings to discuss proposed restructure and position made redundant – Applicant offered alternative positions but did not pursue those options – Authority found no entitlement to commission and paid in error – Found arrangement between parties constituted accord and satisfaction in respect of commission – Found previous roster provided more cover than required to efficiently staff store – Found restructure was business decision made genuinely and not for ulterior purposes – Found applicant provided with all relevant information – Found applicant fully consulted about proposed restructure – Found respondent acted in good faith in carrying out decision to make applicant’s position redundant – Dismissal justified – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by lack of support because of commission issue – Complaints about business cards and mobile phone rejected – Found applicant failed to raise personal grievance with respondent – Found respondent addressed issue complained about by applicant in restructuring – No unjustified disadvantage – Sales consultant |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A |
| Cases Cited | GN Hale & Son Ltd v Wellington Caretakers IUOW [1991] 1 NZLR 151 |
| Number of Pages | 12 |
| PDF File Link: | aa 436_09.pdf [pdf 40 KB] |