| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 414 |
| Hearing date | 21 Feb 2011 |
| Determination date | 21 September 2011 |
| Member | Y S Oldfield |
| Representation | A Swan ; A Twaddle |
| Location | Auckland |
| Parties | Ross v Tyreline Distributors Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant agreed to move to new fixed term role as wanted reduced hours and less travel – Parties envisaged role could become permanent if sufficient potential in area – Respondent Managing Director (“R”) decided area lacked potential and told applicant contract would be rolled over for another month – Applicant interpreted R’s statement as positive sign employment could be ongoing – Respondent accepted failed to state reasons for ending applicant’s employment – Respondent claimed no dismissal as applicant agreed to end employment – Respondent alternatively claimed redundancy genuine – Authority found no agreement that employment would end – Found applicant dismissed – Found position ended on genuine business grounds as even though applicant had not scoped full market it was clear there was insufficient work to create ongoing job – Found applicant not given fair opportunity to comment on respondent’s decision to make position redundant – Found consultation inadequate – Dismissal unjustified – REMEDIES – Found no reimbursement of lost wages as redundancy genuine – Found applicant very distressed that could be end of working life and had no farewell – $5,000 compensation appropriate – Territory Account Manager |
| Result | Application granted ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A);ERA s66 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_414.pdf [pdf 23 KB] |