| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 23/10 |
| Hearing date | 21 Jan 2010 |
| Determination date | 11 February 2010 |
| Member | D Asher |
| Representation | M Hubble ; P May |
| Location | Wellington |
| Parties | Grove v 3Phase Electrical Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Respondent claimed applicant justifiably dismissed for genuine redundancy - Applicant claimed dismissal unjustified and respondent breached term of employment regarding nature and duration of employment - Applicant claimed given explicit assurance would be employed for minimum of five years - Applicant claimed not receiving work had been employed to do - Applicant raised grievance that his work being diverted to others and deteriorating relationship with technical manager - Applicant claimed performance review undertaken by technical manager unfair - Respondent claimed never gave guarantee would employ applicant for minimum of five years - Claimed did not withhold work from applicant - Respondent claimed applicant not singled out or discriminated against and another employee made redundant at same time - Claimed considered applicant’s cost saving suggestions - Claimed applicant verbally withdrew grievance - Authority found from evidence no reason to doubt genuineness of redundancy - Found no evidence to indicate applicant singled out or termination for redundancy disguised performance matter or animosity towards applicant - Found no evidence applicant’s grievance was factor in respondent’s decision to dismiss for redundancy - Authority did not accept parties made explicit, oral reciprocal and binding agreement applicant would have at least five years employment - Respondent’s actions those of fair and reasonable employer - Dismissal justified - UNJUSTIFIED DISADVANTAGE - Found applicant disadvantaged by issues around work allocation and performance - Found disadvantages not unjustified - Found applicant’s expectation of minimum term of employment and type of work undertaken not based on contracted terms - Found while redundancy process was quick applicant did not protest at time or seek additional time to respond - No unjustified disadvantage - Electrician |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 9 |
| PDF File Link: | wa 23_10.pdf [pdf 24 KB] |