| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 116 |
| Hearing date | 22 Jul 2011 |
| Determination date | 29 July 2011 |
| Member | J Crichton |
| Representation | D Noakes (in person) ; B Chamberlain |
| Location | Dunedin |
| Parties | Noakes v Marine & Motor Home Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Manager (“H”) suggested to applicant that respondent might have to reduce applicant’s hourly pay rate – H claimed told applicant respondent in debt and applicant undertook to think of ways to make money for respondent – Applicant unable to come up with ideas – Applicant claimed H went to filing cabinet and pulled out already typed up letter of redundancy – Applicant claimed following redundancy saw job advertised – H claimed job advertised did not contain specialist work and at lower pay rate – Applicant claimed only performed two specialist jobs while employed by respondent – Respondent claimed position occupied by applicant cost respondent $7 per hour for every hour applicant paid and was simply unsustainable – Authority found position that continued after redundancy was different position – Found employment relationship between respondent and new employee did not have same aspirations or elevated pay rate as between applicant and respondent – Found positions different – Found applicant refused to work for lower pay rate so respondent did not offer applicant new position at lower pay rate – Found restructure necessary to stop losses being sustained – Redundancy genuine – Found respondent should have offered lower paid position to applicant – Found consultation more apparent than real – Found decision to dismiss made before applicant given opportunity to offer ideas for increasing revenue – Dismissal unjustified – REMEDIES – No contributory conduct – $2,000 compensation appropriate – Reimbursement of lost wages not appropriate because genuine redundancy – General Tradesman and Sales and Service Person |
| Result | Application granted ; Compensation for humiliation etc ($2,000) ; Costs to lie where they fall ; Disbursements in favour of applicant ($71.56)(Filing fee) |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Christchurch_116.pdf [pdf 23 KB] |