| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 322 |
| Hearing date | 5 Apr 2011 |
| Determination date | 21 July 2011 |
| Member | A Dumbleton |
| Representation | G Ngatai ; R Waymouth |
| Location | Auckland |
| Parties | Santawirya v Advance International Cleaning Systems (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed redundancy genuine – Applicant attended meeting with respondent accountant (“W”) and Managing Director (“N”) to discuss upcoming audit and cost cutting in warehouse department – W raised possibility of applicant position being made redundant – W sent letter to applicant confirming possibility of redundancy – W asked applicant to provide feedback and alternative options at meeting – Applicant raised option of redeployment – W identified no suitable alternative position - W asked applicant to propose further options at another meeting – W advised applicant that meeting would be deferred if more time requested and finial decision would not be made until all comment received – Applicant proposed four other ways savings could be made – W advised applicant proposals would not achieve necessary savings – W advised applicant of preliminary decision to make position redundant but final decision deferred for applicant to make further comment – Applicant made no further comment – W confirmed decision to make position redundant – Applicant claimed redundancy to cover up problem respondent had with applicant disciplining N’s nephew – Authority found redundancy made for commercial and not personal reasons – Found applicant fully consulted about proposal to make position redundant before final decision made – Found respondent entitled to decide applicant not qualified for more senior role – Found no predetermination – Found redundancy genuine – Dismissal justified – Warehouse Supervisor |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s103A |
| Cases Cited | Air New Zealand v Wellington International Airport Ltd unreported, McGechan J, 6 January 1991, CP 403/91;Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_322.pdf [pdf 24 KB] |