| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 13/10 |
| Hearing date | 30 Sep 2009 |
| Determination date | 18 January 2010 |
| Member | V Campbell |
| Representation | G Stone ; K Stretton |
| Location | Tauranga |
| Parties | Potene v Tapuika Iwi Authority |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant made redundant following respondent’s loss of contract and therefore funding for applicant’s position - Applicant claimed redundancy not genuine for two reasons - Firstly, made redundant rather than having performance issues dealt with - Secondly, ongoing funding for position existed - Authority found no evidence from either party were issues with applicant’s performance - Found likely applicant knew not delivering required objectives under contract and funding stopped - Found applicant’s position disestablished due to loss of funding - Found genuine redundancy - Found applicant not properly consulted about redundancy - Found respondent had to do more than rely on applicant knowing funding ceased - Found applicant told likely would continue in employment - Dismissal unjustified - Remedies - As genuine redundancy no reimbursement of lost wages awarded - Applicant’s evidence of hurt and distress compelling - Distress aggravated by applicant living in small community - $5,000 compensation appropriate - Health coordinator |
| Result | Application granted ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A |
| Cases Cited | Communication & Energy Workers Union Inc v Telecom NZ Ltd [1993] 2 ERNZ 429;GN Hale & Sons Ltd v Wellington, Taranaki and Nelson Caretakers etc IUOW [1991] 1 NZLR 151;New Zealand Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739 ; [2000] 2 NZLR 565;Savage v Unlimited Architecture Ltd [1999] 2 ERNZ 40;Simpsons Farms Ltd v Aberhart [2006] 1 ERNZ 825;Wellington International Airport Ltd v Air New Zealand [1993] 1 NZLR 671 |
| Number of Pages | 8 |
| PDF File Link: | aa 13_10.pdf [pdf 32 KB] |