| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 348 |
| Hearing date | 12 Jul 2011 |
| Determination date | 05 August 2011 |
| Member | E Robinson |
| Representation | G Bennett ; G Walker |
| Location | Auckland |
| Parties | Jo v Cockcroft & Co ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed proper process not following by respondent in terminating employment for redundancy – Respondent claimed suffered substantial loss in gross fees and concerned not enough work to keep employees fully employed – Respondent met informally with applicant and informed applicant about possibility of redundancy – Applicant claimed told it was applicant who was chosen for redundancy – Respondent claimed did not confirm applicant to be made redundant – Respondent claimed no time or date specified for formal meeting as expected applicant to inform respondent when support person available – Senior Manager (“T”) claimed applicant bored in job and looking for alternative employment – Meeting held and applicant offered bookkeeper position – Applicant declined position – Applicant made redundant but given extended notice as husband resigned from job – T claimed applicant intended to go to Australia as husband looking for work there – Authority found applicant concluded redundancy decision already made before meeting because aligned with own tentative plans – Found applicant’s conclusion erroneous – Found applicant chose not to have support person at meeting – Found no predetermination – Found genuine consultation – Found applicant failed in good faith obligations to respondent by not advising of possible move to Australia – Found respondent should have been active in setting up meeting – Found deficiencies in procedure made up for by additional notice – No disadvantage – Chartered Accountant |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(b) |
| Cases Cited | Simpsons Farms Limited v Aberhart [2006] ERNZ 825 |
| Number of Pages | 12 |
| PDF File Link: | 2011_NZERA_Auckland_348.pdf [pdf 38 KB] |