| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 110 |
| Hearing date | 1 Mar 2013 |
| Determination date | 02 April 2013 |
| Member | R Larmer |
| Representation | A McInally ; S Wilson |
| Location | Auckland |
| Parties | Van Der Ross v Aperio Group New Zealand Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to consult applicant over redeployment opportunities – Closure of worksite – Redeployment of some employees to alternative worksite – Whether applicant made known through informal conversations did not want redeployment – Applicant did not return form indicating applicant’s preference – Redundancy – Printer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: Any informal discussions with applicant did not amount to fair, proper or adequate consultation. Some information relied on by respondent unreliable without being clarified through individual consultation. Applicant led to believe respondent would consult with applicant individually. Applicant unaware of adverse consequences not returning preference form could have on redeployment opportunities. Applicant unjustifiably disadvantaged by respondent’s failure to consult applicant over 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_110.pdf [pdf 164 KB] |