| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 8 |
| Hearing date | 23 Sep 2010 |
| Determination date | 11 January 2011 |
| Member | V Campbell |
| Representation | L Keys ; K Thompson |
| Location | Auckland |
| Parties | Stevens v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Authority found deficiencies in pleadings – Found no live claim for unjustified dismissal – Found redundancy genuine – Found respondent acted fairly and reasonably – Found applicant’s dismissal would have been justified – GOOD FAITH – Applicant claimed respondent breached duty of good faith – Applicant resigned from London position to return to New Zealand – Respondent realised had surplus flight attendants following rapid onset of global financial crisis – Applicant selected for redundancy – Applicant claimed respondent must have known would be facing possible redundancies when offered applicant position – Authority found respondent cancelled intake courses but still relied on expected natural attrition to balance staff numbers – Found global financial crisis not predicted or contemplated by respondent – Found when applicant left London and moved back to New Zealand respondent did not know about financial crisis and unaware of possible impact on organisation – Found no breach of good faith – Applicant claimed respondent breached good faith because applicant unable to access scores for redundancy selection - Found scores discussed with applicant at consultation meeting and no issues regarding access raised – Found applicant eventually got access to scores – Found no breach of good faith |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103;ERA s113;ERA s160(3);Contractual Remedies Act 1979 s6 |
| Number of Pages | 10 |
| PDF File Link: | 2011_NZERA_Auckland_8.pdf [pdf 36 KB] |