KEY POINTS:
A storeman who claimed he was made redundant because of his union activities has been awarded more than $9000 for lost wages and hurt and humiliation by the Employment Relations Authority.
Graeme Rose worked as a storeman/general hand at United Containers Ltd (UCL), a business dealing in collecting, cleaning and repairing containers in Auckland, for four years after being made redundant on September 18 last year.
About 60 staff were employed in various positions and Mr Rose was the only employee performing his particular role.
Mr Rose claimed his redundancy was not motivated by genuine reasons and that he had been discriminated against because of his union activities.
He also claimed the process leading up to his redundancy - the selection, notification and implementation - was unjustifiable.
The ERA considered two factors - the genuineness of the redundancy and the process followed.
It said UCL did experience a downturn in business. However, weighing against this was the failure to consult on any redundancy proposal, the speed with which the redundancy was implemented, the lack of evidence around the selection process UCL used to identify Mr Rose's role as redundant and the lack of consultation on redeployment options.
The ERA also said UCL failed to consult Mr Rose about the restructuring of his position or redeployment options it had considered and excluded.
It found his dismissal unjustified.
The ERA awarded Mr Rose $2235.20 for one month's lost wages and $7000 for hurt and humiliation.
Mr Rose's claim of discrimination on the basis of union activity was declined. Costs were reserved.
- NZPA
