| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 96/10 |
| Hearing date | 20 Nov 2009 |
| Determination date | 23 April 2010 |
| Member | H Doyle |
| Representation | I Thompson ; P Macdonald |
| Location | Christchurch |
| Parties | Seelen v Ash Air (NZ) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy procedurally unjustified causing disadvantage – Respondent argued redundancy justified – No dispute redundancy genuine – Respondent sent memorandums to employees to inform them of respondent’s financial situation – Meeting held to discuss decline in high non-chargeable hours and ways to stimulate work – Respondent made clear redundancy possible – Respondent decided two individuals needed to be made redundant – Applicant selected based on skills and versatility criteria – Meeting held – Applicant given redundancy notice for first time - Respondent advised applicant selected because not as versatile as other employees – Applicant dismissed and required to immediately leave workplace – Authority found redundancy genuine as respondent faced financial difficulties – Dismissal justified - Found applicant knew redundancies possible – Found applicant not given opportunity to comment on proposal two positions be disestablished – Found redundancy decision made before meeting applicant – Found probable applicant given opportunity to obtain representative – Found reasons for selection consistent with employment agreement, however, no opportunity for input given – Found applicant disadvantaged by unfair redundancy process - Found disadvantage unjustified – REMEDIES – No contributory conduct – Declined lost wages award as applicant would have been made redundant if proper procedures followed – $6,000 compensation for unjustified redundancy process – Service Engineer |
| Result | Application granted (Unjustified disadvantage) ; Application dismissed (Unjustified dismissal) ; Compensation for humiliation etc ($6,000)(Unjustified disadvantage) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(c);ERA s103A |
| Cases Cited | Simpsons Farms Limited v Aberhart [2006] ERNZ 825 |
| Number of Pages | 11 |
| PDF File Link: | ca 96_10.pdf [pdf 45 KB] |