| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 76 |
| Hearing date | 17 Jan 2013 |
| Determination date | 05 March 2013 |
| Member | E Robinson |
| Representation | B Quarrie ; J Verry |
| Location | Whangarei |
| Parties | Flood v Far North District Council |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent - Applicant claimed role encompassed compliance certification - New roles under restructure extended compliance functions - Applicant’s role disestablished - Applicant unsuccessfully applied for new roles - Building Control Officer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent had genuine commercial reasons for restructuring. Applicant not approaching respondent with queries as advised inferred applicant accepted role affected by restructure. Respondent followed a fair and proper process. Dismissal justified. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s4;ERA s4(1A)(c);ERA s103A |
| Cases Cited | G N Hale & Sons Ltd v Wellington etc Caretakers etc IUOW (1990) ERNZ Sel Cas 843 ; [1991] 1 NZLR 151;Simpsons Farms Ltd v Aberhart [2006] ERNZ 825;Vice-Chancellor of Massey University v Wrigley [2011] ERNZ 138 |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Auckland_76.pdf [pdf 219 KB] |