| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 164/10 |
| Hearing date | 16 Oct 2009 |
| Determination date | 09 April 2010 |
| Member | R Arthur |
| Representation | M McFadden ; A Peskett |
| Location | Auckland |
| Parties | Dowling v Metlifecare Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant challenged whether redundancy genuine and carried out fairly – Applicant claimed General Manager wanted to get rid of applicant and made derogatory remarks – Respondent denied any ulterior motive for dismissal – Applicant claimed rushed in consultation – Respondent argued applicant given adequate opportunity for feedback – Applicant claimed General Manager changed reporting lines so staff no longer reported to applicant – Applicant claimed General Manager asked several times about retirement plans – Applicant claimed General Manager held discussion about applicant’s future with company – Applicant claimed other staff members heard General Manager making derogatory remarks about applicant – Authority found evidence failed to show dismissal engineered or tainted by inappropriate motive – Found General Manager entitled to introduce flat reporting structure – Found applicant raised timeframes for retirement – Found no weight given to applicant’s evidence about comments made by General Manager to other staff – Found consultation adequate in circumstances – Found respondent considered alternatives and prospect of applicant doing ongoing contract work – Found applicant treated fairly and offered counselling and job placement assistance – Found applicant paid redundancy compensation at higher amount than otherwise entitled – Dismissal justified – Property and maintenance manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s174 |
| Cases Cited | GN Hale & Sons Ltd v Wellington Caretakers and Cleaners Union (1990) ERNZ Sel Cas 843;Savage v Unlimited Architecture Limited [1999] 2 ERNZ 40;Simpsons Farms Limited v Aberhart [2006] ERNZ 825 |
| Number of Pages | 9 |
| PDF File Link: | aa 164_10.pdf [pdf 28 KB] |