| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 96 |
| Hearing date | 8 Feb 2012 |
| Determination date | 21 May 2012 |
| Member | P Cheyne |
| Representation | K Murray ; B Edwards |
| Location | Ashburton |
| Parties | Boult v Harvey Norman (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Authority found redundancy result of genuine restructuring – Found applicant had access to relevant information and opportunity to comment – Dismissal justified – Computer service technician |
| Abstract | Applicant employed by respondent as computer service technician. Applicant claimed unjustifiably dismissed by respondent. Respondent decided to institute restructure. Applicant unable to attend proposed meeting but provided with minutes of meeting by respondent. At subsequent meeting applicant claimed not provided with full information and made suggestions. Respondent claimed applicant had access to information relevant to restructure through computer system. Respondent concluded applicant’s suggestions did not resolve profitability issue. Applicant dismissed. Applicant claimed restructure aimed at applicant rather than applicant’s position. Applicant claimed respondent did not approach applicant about vacancies arising after applicant’s dismissal. Applicant claimed respondent told employees applicant dismissed for downloading pornography on respondent’s computer. Applicant claimed escorted from respondent’s premises as if dismissed for serious misconduct.;AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant’s redundancy genuine. Respondent not obligated to offer applicant vacant position after applicant’s dismissal. Respondent did not tell employees applicant dismissed for downloading pornography. Applicant had access to relevant information and opportunity to comment. Nothing improper about manner applicant left respondent’s premises. Dismissal justified. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s149 |
| Number of Pages | 8 |
| PDF File Link: | 2012_NZERA_Christchurch_96.pdf [pdf 36 KB] |