| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 198 |
| Hearing date | 1 Sep 2011 |
| Determination date | 01 December 2011 |
| Member | G J Wood |
| Representation | E Gartrell ; P Cullen, S Cates |
| Location | Wellington |
| Parties | Lamprecht v The Ultimate Care Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Order prohibiting publication of names of patients of respondent – Authority preferred evidence of General Manager Operations and former Human Resources Manager over applicant and Clinical Nurse Leader – Respondent wanted applicant to commit to role for 12 to 18 months – Applicant agreed provided salary level was met – Letter of offer referred to 18 month commitment – Applicant claimed respondent dissatisfied with applicant’s employment and wanted to get rid of applicant – Authority found matters just bedding in issues – Found respondent entitled to conduct spot audits and findings had no impact on restructuring decisions – Found selection process for training did not show any animus towards applicant – Found respondent genuinely believed could save money by disestablishing two facility manager positions and implementing new Joint Facilities Manager – Applicant’s position disestablished – Found respondent acted quickly as result of financial imperatives – Applicant did not apply for new Joint Facilities Manager position – Found although employment agreement (“EA”) contained clause stating agreement was complete agreement, account could be taken of accompanying letter of offer – Found applicant did not have any legitimate expectation or other grounds for concluding had right to minimum of 18 months’ employment – Found genesis of 18 month period came from respondent as tried to commit applicant to stay on for that period – Found non-binding understanding between parties only – Found if there was fixed term agreement, letter did not override agreed clause in EA for redundancy – Redundancy genuine – Dismissal justified – Facility Manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl10;ERA s103A |
| Cases Cited | Collins v Guan Holdings Limited unreported, Colgan J, 5 Oct 1995, AEC 105/95;Simpsons Farms Ltd v Aberhart [2006] ERNZ 825;Williams v Attorney-General in respect of Secretary for Justice [1999] 2 ERNZ 457 |
| Number of Pages | 10 |
| PDF File Link: | 2011_NZERA_Wellington_198.pdf [pdf 46 KB] |