| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 69/10 |
| Hearing date | 20 Jul 2009 |
| Determination date | 16 February 2010 |
| Member | Y S Oldfield |
| Representation | K Lowe ; T Woodworth |
| Location | Auckland |
| Parties | Lowe v First Street Body Corporate Body Management Ltd (Formerly First Street Property Management Ltd) |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant employed following acquisition of Bluechip contracts – Following voluntary liquidation of Bluechip contracts terminated – Directors unable to sustain employment of property managers – Applicant advised by telephone of redundancy and offered part time contractor position – Applicant declined offer of contracting work – Applicant claimed number of properties on books sufficient to justify position – Applicant on extended sick leave prior to redundancy – Applicant claimed sick leave triggered redundancy – Authority found applicant’s absence focussed directors’ minds on how to manage work without property manager – Found marginal level of business to sustain applicant’s employment – Found reasonable to retain administrative staff in preference to property managers because they performed range of work outside property management business – Found redundancy genuine – Respondent claimed informed applicant of redundancy over telephone because of difficulty arranging meeting because applicant out of town – Respondent argued applicant kept well informed of respondent’s situation throughout employment and offered alternative contractor position – Found no indication situation worsening or trend continued downwards – Found minor procedural failings – Dismissal unjustified – REMEDIES – $2,000 compensation appropriate – UNJUSTIFIED DISADVANTAGE – Applicant argued inquiries by director into ACC entitlement breach of privacy – Respondent argued considered possibility of deferring redundancy so applicant did not lose entitlements – Found reasonable for director to seek information about ACC entitlements – No unjustified action – Property manager |
| Result | Application granted (unjustified dismissal) ; Compensation for humiliation etc ($2,000) ; Application dismissed (unjustified disadvantage) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | aa 69_10.pdf [pdf 20 KB] |