| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 451 |
| Hearing date | 7 Jun 2011 - 9 Jun 2011 (3 days) |
| Determination date | 20 October 2011 |
| Member | R A Monaghan |
| Representation | S Austin ; J Humphrey |
| Location | Whakatane |
| Parties | Peka v Te Runanga O Ngati Awa t/a Ngati Awa Tertiary Training Organisation and Anor |
| Other Parties | Ngati Awa Tertiary Training Organisation Trust |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed initially employed by second respondent (“N”) but first respondent (“T”) became employer – Authority found N remained applicant’s employer – Applicant required proof of respondents’ counsel to act in all four employment relationship problems – Found respondents’ counsel able to act for both respondents – UNJUSTIFIED DISMISSAL – Redundancy – Applicant employed on fixed term agreement but further fixed term agreement not entered after expiry – New General Manager (“R”) discovered N in financial trouble – R embarked on meet and greet process with staff – Authority found R concerned about applicant’s hours of work and timekeeping – Authority preferred R’s evidence that applicant told R position similar to another employee’s and told R on another occasion that merger was right thing to do – R proposed new staff structure – R claimed encouraged applicant to apply for two new roles – Applicant withdrew application for full time role – R received information about funding restrictions and part time position no longer necessary – Applicant not interviewed for either position – R contacted Chief Executive Officer of T and said concerned about applicant’s loyalty to predecessor and whether would interfere with ability as team player – R informed applicant of decision not to appoint to part time position – R claimed did not appoint to position due to lack of funding – Applicant dismissed – Found redundancy genuine – Found substantial reason for not appointing to part time position was lack of funding – Found general failures to provide enough information about proposed restructuring, or opportunities to have input into proposal or implementation – Applicant claimed if knew part time position unavailable would have considered application for full time role – Found R should have advised applicant of possible funding reduction and implications for part time position – Dismissal unjustified – REMEDIES – Found reinstatement not practicable because redundancy genuine – No contributory conduct – Found applicant would have been made redundant even if give opportunity to apply for full time role as person appointed experienced and well regarded – $9,750 reimbursement of lost wages appropriate – $1,000 compensation appropriate – ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed payment in lieu of notice and alternative holidays not taken – Applicant did not receive formal written notice of termination – Found applicant should have been given formal written notice of termination – Found applicant aware employment would end at end of academic year – Found no payment in lieu of notice payable – Found no information provided about alternative days worked – Found no amount owing – Office Manager |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($9,750) ; Compensation for humiliation etc ($1,000) ; Application dismissed (arrears of wages and holiday pay) (identity of employer) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s66 |
| Cases Cited | Merito v Te Runanga O Ngati Awa t/a Ngati Awa Tertiary Training Organisation And Anor [2011] NZERA Auckland 453;Peka v Te Runanga O Ngati Awa t/a Ngati Awa Tertiary Training Organisation And Anor [2011] NZERA Auckland 451;Simpsons Farms Limited v Aberhart [2006] ERNZ 825;Snell v Te Runanga O Ngati Awa t/a Ngati Awa Tertiary Training Organisation And Anor [2011] NZERA Auckland 452 |
| Number of Pages | 13 |
| PDF File Link: | 2011_NZERA_Auckland_451.pdf [pdf 57 KB] |