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Weatherly v Pulp and Paper Industry council of the Manufacturing and Workers Union & Anor
15 Dec 2006, V Campbell, AA 379/06, (13 pages)
UNJUSTIFIED DISMISSAL - Redundancy - Respondent and union agreed to set of principles when redundancies proposed - Applicant made redundant and raised issues regarding quality of consultation - Parties undertook mediation and any irregularities during initial consultation dealt with by way of mediated settlement agreement - Agreement re-convened consultation process - Applicant made redundant and offered temporary employment in accordance with agreement - Applicant declined offer on basis matter before Authority - Fair and reasonable employer would have made applicant redundant - Insufficient evidence to draw conclusion respondent had closed mind during consultation process - Respondent did not breach obligations under collective agreement or Employment Relations Act 2000 - Both applicant and union had full opportunity to be involved in consultation process and process after settlement agreement met requirements of respondent's redundancy policy and principles - Dismissal justified - Comment on "last on, first off" principle - Length of service more than 14 years - Cleaner
Result: Application dismissed ; No order for costs
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