| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 7 |
| Hearing date | 19 Oct 2010 |
| Determination date | 26 January 2011 |
| Member | P R Stapp |
| Representation | P May ; M French |
| Location | Wellington |
| Parties | Christoforou v Resene Paints Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unfairly selected for redundancy – Claimed performance unfairly taken into account and because covered by weekly individual employment agreement (“WIEA”) – Respondent argued genuine redundancy and applicant dismissed following proper and fair selection process – Respondent provided employees with redundancy proposal and comment sought – Applicant ranked third on basis of experience, project initiative, project progress, and productivity – Applicant informed losing permanent position – Respondent denied applicant being set up regarding any previous performance related issues – Authority found redundancy for genuine commercial reasons – Found no ulterior motives for respondent making applicant redundant – Found respondent consulted and provided for employees to have input into selection procedure – Found respondent’s actions those of fair and reasonable employer – Found respondent not obliged to apply monthly individual employment agreement which contained more advantageous redundancy payment provisions – Found respondent acted fairly in approach to applicant’s redundancy by applying WIEA – Application dismissed – Research and Development Chemist |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Wellington_7.pdf [pdf 28 KB] |