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Chitty v Hills Hats Ltd
24 Sep 2007, D King, AA 295/07, (8 pages)
UNJUSTIFIED DISMISSAL – Redundancy – No written employment agreement – Applicant claimed made it clear when recruited if he moved to respondent it would have to match or better existing terms – However, respondent only saw previous employment agreement when applicant filed claim – Applicant could not contend respondent would agree to equal or better terms of agreement to which it had never been privy - Applicant believed parties agreed service with former employer would be carried over for purpose of redundancy – Redundancy not mentioned in respondent’s offer of employment – Applicant mistaken to think informal conversations with respondent’s general manager before offer of employment constituted terms of employment – Respondent considered restructuring due to financial position – After consultation, applicant informed position redundant – Applicant claimed respondent failed to follow process outlined to employees at start of restructuring – Process required meetings, but instead conducted via conference calls as applicant in different town to head office – While would have been more humane for applicant to have option of meeting if preferred, failure to meet in person did not vitiate process – Dismissal justified – BREACH OF CONTRACT - Applicant sought reimbursement of office expenses – No agreement for reimbursement of items claimed
Result: Application dismissed ; Costs reserved
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