| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 84/10 |
| Hearing date | 30 Mar 2010 |
| Determination date | 04 May 2010 |
| Member | D Asher |
| Representation | J Gallagher (Applicant in person) ; D Brennan |
| Location | Wellington |
| Parties | Gallagher v Southern Plumbring & Gasfitting Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant invited to attend meeting about possible redundancy – Applicant set out response to redundancy proposal in writing – Applicant claimed respondent predetermined dismissal and consultation process poor – Applicant advised position redundant – No feedback received about how redundancy could be avoided – Applicant argued not given opportunity to contribute to respondent’s process or comment before final decision made – Applicant claimed respondent failed to demonstrate how economic downturn affected business and no evidence provided that redundancies required – Applicant claimed within two days of dismissal respondent advertised for more staff – Respondent claimed applicant able to do lesser range of work and less qualified than other staff – Respondent claimed turnover dramatically decreased – Respondent claimed applicant failed to bring in extra work – Respondent claimed provided applicant with two references, lined up alternative employment and provided two weeks off on pay to find work – Respondent claimed did not initiate advertising for new staff until two other employees left employment – Authority found economic downturn diminished respondent’s turnover – Found redundancy not predetermined – Found consultative opportunity given to all staff – Dismissal justified – Plumber |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Air New Zealand v V (2009) 9 NZELC 93,209;Coutts Cars v Baguley [2001] ERNZ 660;Simpsons Farms v Aberhart [2006] ERNZ 825 |
| Number of Pages | 7 |
| PDF File Link: | wa 84_10.pdf [pdf 27 KB] |