| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 139/10 |
| Hearing date | 27 Apr 2010 |
| Determination date | 30 June 2010 |
| Member | J Crichton |
| Representation | J Goldstein ; P MacDonald |
| Location | Christchurch |
| Parties | Galbraith v Girl Guides Association of New Zealand Inc |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - On applicant’s return from annual leave given letter stating restructure underway and position could be affected - Week later meeting held where applicant told position would be disestablished if restructuring carried out - Four days later final meeting held with respondent where applicant responded to proposed restructure - Following brief adjournment applicant told position disestablished and to finish immediately - Parties disputed how much applicant knew about respondent’s financial position before return from annual leave - Applicant’s evidence accepted - Found no evidence to show applicant knew about restructuring until return from annual leave - Applicant claimed provided with insufficient information about proposed restructure - Respondent claimed restructure was “very simple” - Found information supplied to applicant insufficient to fairly and reasonably advise of restructure proposal - Found respondent failed to give any contextual information so as to genuinely facilitate engagement by applicant about proposal - Found respondent’s process did not provide adequate potential for consultation - Found information provided so fatally flawed as to preclude applicant from making any viable observations about alternative strategy - Found consultation process inadequate to meet respondent’s legal obligations - Found fair and reasonable employer would not have managed redundancy process way respondent did - Respondent claimed applicant’s support person continually interrupted and made accusations during final meeting - Found no basis for concluding representative behaved badly - Found procedural flaws cast doubt on genuineness of redundancy - Found if process had been long enough and involved adequate provision of information and consultation parties could have potentially found another solution - Dismissal unjustified - Remedies - No contributory conduct - $17,500 reimbursement of lost wages awarded - $16,000 compensation appropriate - Programme Manager |
| Result | Application granted ; Reimbursement of lost wages ($17,500) ; Compensation for humiliation etc ($16,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(c);ERA s103A |
| Cases Cited | Simpsons Farms Ltd v Aberhart [2006] 1 ERNZ 825 |
| Number of Pages | 9 |
| PDF File Link: | ca 139_10.pdf [pdf 30 KB] |