| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 89/10 |
| Hearing date | 15 Jan 2010 |
| Determination date | 12 April 2010 |
| Member | P Cheyne |
| Representation | T Jackson ; N Soper |
| Location | Timaru |
| Parties | Russell v Candy Dairy Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – DISPUTE – Applicant claimed unjustified dismissal – Applicant suggested relationship with respondent directors deteriorated and redundancy predetermined – Respondent refused resource consent to take ground water for irrigation which meant property not commercially sustainable – Respondent attempted to reduce expenses and improve efficiency and productivity – Respondent disestablished applicant’s position not farm worker position – During notice period applicant made reference to death of respondent director’s child – Applicant told to leave – Applicant assumed dismissed – Respondent claimed meant to leave for afternoon – Applicant claimed should not have been made redundant because position continued to exist – Authority found redundancy genuine – Found no one employed as farm manager since dismissal – Applicant argued should have been offered remaining farm worker’s position – Found respondent genuinely thought other employer (“O”) better suited to farm worker role – Found respondent provided information and reasonable opportunity to enable applicant to express views – Found respondent considered applicant for farm worker position even though did not have to – Found respondent engaged in consultation with O when applicant proposed to be considered for farm worker’s position – Found applicant not dismissed when asked to leave – Applicant claimed accommodation payment because accommodation not completed until well after commencement of employment – Found no grievance raised in respect of matter within time – Applicant did not pursue failure to supply time and wage records – O failed to appear at investigation meeting – Dismissal justified – Farm manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | G N Hale & Sons Ltd v Wellington etc Caretakers etc IUOW [1990] 2 NZILR 1079;HP Industries (NZ) Ltd v Davison [2008] ERNZ 514;NZ Fasteners Stainless Ltd v Thwaites [2000] ERNZ 739;Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 15 |
| PDF File Link: | ca 89_10.pdf [pdf 45 KB] |