| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 104/10 |
| Hearing date | 17 Sep 2009 |
| Determination date | 08 March 2010 |
| Member | R Arthur |
| Representation | S Carey (in person) ; W Susanto, F Reade |
| Location | Auckland |
| Parties | Carey v Pacific Optics Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant on parental leave when informed respondent considering making position redundant – Applicant alleged respondent knew many months earlier role redundant and should have given opportunity to apply for other roles available during leave period – Respondent claimed role disestablished for genuine business reasons and fair process followed – Respondent arranged part time work for applicant and offered job available shortly after redundancy – Authority did not accept applicant’s submission respondent should have done more, sooner to make decision about position – Found respondent expected to get busier and gave no earlier thought to redundancy – Found respondent asked for applicant’s ideas about redundancy, including alternative positions – Applicant argued role based in Auckland should have been redundant – Found roles different and Auckland position not surplus to requirements – Found applicant’s role still viable at time other positions available – Found decision to disestablish applicant’s position made for genuine business reasons and applicant fairly consulted – Dismissal justified – Business development manager |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s174;Parental Leave and Employment Protection Act 1987;Parental Leave and Employment Protection Act 1987 s41;Parental Leave and Employment Protection Act 1987 s51 |
| Cases Cited | GN Hale & Son Ltd v Wellington Caretakers IUOW [1991] NZLR 151;NZ Fasteners Stainless Ltd v Thwaites [2000] ERNZ 739;Simpsons Farms v Aberhart [2006] ERNZ 825 |
| Number of Pages | 8 |
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