| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 3 |
| Hearing date | 21 Nov 2011 - 24 Nov 2011 (4 days) |
| Determination date | 16 January 2012 |
| Member | J Crichton |
| Representation | S Hornsby-Geluk ; A Sherriff |
| Location | Wellington |
| Parties | Leahy v Tertiary Education Commission |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant’s position disestablished and applicant offered reconfirmation to different role which was not accepted – Order prohibiting publication on certain references and emails – Applicant claimed no consultation about disestablishment of position – Applicant received notification of reconfirmation in new position on current terms and conditions – Authority found applicant did not accept reconfirmed role – Applicant sought changes in remuneration structure and position description of new position – Found head of department (“P”) and applicant met numerous times to discuss changes to role description – Applicant claimed P said no further changes to role description – Applicant denied becoming confrontational at meeting with P – P gave applicant time limit to accept role but applicant failed to accept – Found respondent deliberately required response for reconfirmation to occur – Found no meeting of minds between parties on aspects of new role – Found applicant did not accept position by performance – Found extremely unlikely applicant was performing new role – Found terms and conditions of new role never settled – No dismissal – Chief Financial Officer/Group Manager Finance |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl10(1) |
| Number of Pages | 12 |
| PDF File Link: | 2012_NZERA_Wellington_3.pdf [pdf 57 KB] |