| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 88/10 |
| Hearing date | 15 Dec 2009 |
| Determination date | 09 April 2010 |
| Member | P Cheyne |
| Representation | S Stamers-Smith ; D Rhodes |
| Location | Queenstown |
| Parties | Douglas v Millbrook Country Club Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Dispute between parties about rate of pay – Applicant dismissed less than one month after dispute – Respondent claimed suffered from significant forecast reduction in visitor numbers due to recession – Total of nine redundancies – Respondent proposed moving payroll function from finance to human resources department in order to achieve better management control and consistency – Possibility of redundancies – Applicant not present for meeting – Applicant informed of possible redundancy – Applicant’s position redundant following subsequent meeting – Applicant argued singled out for dismissal because enforced alleged agreement about wage increases – Authority found genuine redundancy – Found genuine redundancy displaced presumption of discrimination – Found applicant’s role surplus after moving payroll function to human resources department – Found applicant failed to engage in proposal – Found applicant did not put forward any suggestions about proposal despite having opportunity to do so – Found no suitable alternative positions available – Found restricting applicant’s computer access did not amount to predetermination of dismissal – Found respondent failed to offer applicant reference, support with searching for alternative employment and constructing CV and access to counselling to help with dismissal – Dismissal unjustified – REMEDIES – No award for lost remuneration – $2,000 compensation appropriate – PENALTY – Applicant argued breach of employment agreement by allocating applicant’s work to other staff – Found applicant’s duties and responsibilities remained unchanged throughout employment – Found no breach of employment agreement – HR Coordinator |
| Result | Application granted (unjustified dismissal) ; Compensation for humiliation etc ($2,000) ; Application dismissed (penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4A;ERA s4(1)(b);ERA s4(4)(e);ERA s107(1)(b);ERA s113(1)(b);ERA s119 |
| Number of Pages | 12 |
| PDF File Link: | ca 88_10.pdf [pdf 37 KB] |