Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search

 


Brightwater ordered to pay $77K over shoddy redundancy

Brightwater ordered to pay $77K in lost pay, compo over shoddy redundancy

By Paul McBeth

Jan. 10 (BusinessDesk) - Nelson-based Brightwater Group, which last year threatened redundancies over delays to Bathurst Resources' proposed coal mine on the Denniston Plateau, has been ordered to pay more than $77,000 to in lost wages and compensation over the way it laid off four staff in 2010.

Employment Relations Authority member Helen Doyle found the engineering firm ran a flawed and predetermined process in selecting who would get laid off after its contract with Solid Energy on the Stockton mine wrapped up, and wasn't in line with good faith obligations. The Dec. 17 decision was published on the Department of Labour's website today.

Brightwater had grounds to lay off staff as the Stockton project wound up and after two other major projects didn't eventuate, Doyle said in the ruling. The four men were part of 10 staff made redundant in the Brightwater workshop out of 54 employees in 2010, which has since been reduced to 22 as at August last year.

Where the firm tripped up was in the way it selected who faced redundancy by using a flawed skills matrix to rank employees, and without giving them any chance to dispute the list.

"I find that there was a fundamental unfairness and a breach of good faith requirements with the selection process used by Brightwater to select the four applicants for redundancy," Doyle said.

"There was also an element of predetermination because Brightwater simply relied on a skills matrix prepared some months earlier for the selection of employees for redundancy and were not genuinely, I have found, prepared to make any change to that matrix," she said.

It was "virtually impossible" for the men to "sensibly comment on the skills matrix" at their final meeting, and Brightwater's then chief executive Richard Herd made the final decision without giving them any opportunity to address him directly.

"The actions of Brightwater were not what a fair and reasonable employer would have done," Doyle said.

Brightwater was ordered to pay Brian Arrowsmith $18,224.09 and $1,115.65 to reimburse a cancellation fee he paid for a cancelled holiday plus 5 percent interest. He also received $22.40 from a lost Kiwisaver benefit, and $12,000 in compensation.

The firm was ordered to pay Stuart Arrowsmith $2,700 plus interest for lost wages and $12,000 in compensation, and Michael Colquhoun $8,643.69 plus interest in lost wages and $12,000 compensation.

Brightwater was ordered to pay Andrew Doocey $10,000 in compensation, though he wasn't entitled to lost wages as the ERA's Doyle wasn't convinced he would have kept his role, which was disestablished, even if the process had been fair.

(BusinessDesk)

© Scoop Media

 
 
 
 
 
Business Headlines | Sci-Tech Headlines

 

Tourism: China Southern Airlines To Fly To Christchurch

China Southern Airlines, in partnership with Christchurch Airport and the South Island tourism industry, has announced today it will begin flying directly between Guangzhou, Mainland China and the South Island. More>>

ALSO:

Dodgy: Truck Shops Come Under Scrutiny

Mobile traders, or truck shops, target poorer communities, particularly in Auckland, with non-compliant contracts, steep prices and often lower-quality goods than can be bought at ordinary shops, a Commerce Commission investigation has found. More>>

ALSO:

Auckland Transport: Government, Council Agree On Funding Approach

The government and Auckland Council have reached a detente over transport funding, establishing a one-year, collaborative timetable for decisions on funding for the city's transport infrastructure growth in the next 30 years after the government refused to fund the $2 billion of short and medium-term plans outlined in Auckland's draft Unitary Plan. More>>

ALSO:

Bullish On China Shock: Slumping Equities, Commodities May Continue, But Not A GFC

The biggest selloff in stock markets in at least four years, slumping commodity prices and a surge in Wall Street's fear gauge don't mean the world economy is heading for another global financial crisis, fund managers say. More>>

ALSO:

Real Estate: Investors Driving Up Auckland Housing Risk - RBNZ

The growing presence of investors in Auckland's property market is increasing the risks, and is likely to both amplify the housing cycle and worsen the potential damage from a downturn both to the financial system and the broader economy, said Reserve Bank deputy governor Grant Spencer. More>>

ALSO:

Annual Record: Overseas Visitors Hit 3 Million Milestone

Visitor arrivals to New Zealand surpassed 3 million for the first time in the July 2015 year, Statistics New Zealand said today. The record-breaking 3,002,982 visitors this year was 7 percent higher than the July 2014 year. More>>

ALSO:

Get More From Scoop

 
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news