| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 111 |
| Hearing date | 1 Mar 2013 |
| Determination date | 02 April 2013 |
| Member | R Larmer |
| Representation | A McInally ; S Wilson |
| Location | Auckland |
| Parties | Lowe v Aperio Group New Zealand Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to consult applicant regarding redeployment opportunities – Closure of worksite and redeployment of some staff to alternative worksite – Applicant not considered for redeployment – Redundancy – Whether respondent entitled to conclude applicant not interested in redeployment because of comments made by applicant – Respondent promised individual consultation with applicant – Reference to redeployment at end of unrelated meeting between parties – Printer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: Respondent set own standard of individual consultation with applicant over redeployment opportunities. Respondent not justified in concluding applicant not interested in redeployment without first fairly and properly consulting applicant regarding applicant’s preferences. Fair and reasonable employer would not have relied on applicant’s casual comments to exclude applicant from consideration for redeployment. Applicant unjustifiably disadvantaged by respondent’s failure to consult applicant regarding redeployment opportunities. REMEDIES: No contributory conduct. $4,000 compensation appropriate. |
| Result | Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Auckland_111.pdf [pdf 168 KB] |