| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 272 |
| Hearing date | 17 Jun 2013 |
| Determination date | 01 July 2013 |
| Member | E Robinson |
| Representation | E Franco ; R Rush |
| Location | Auckland |
| Parties | Hardikar v Klein Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by respondent unilaterally altering duties and responsibilities and unjustifiably dismissed by respondent – Applicant’s original position disestablished – Applicant appointed to new role – Whether applicant required to act as “project architect” – Applicant advised of need for further restructuring – Three roles reduced to one - Applicant not selected for role - ARREARS OF WAGES – Applicant sought arrears of wages – Whether applicant entitled to pay for additional hours worked – Architectural Graduate |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant still required to keep registered architect informed about project. Use of term ‘project architect’ colloquial. Applicant not ‘project architect’. Genuine and reasonable commercial reasons for restructure. Applicant given opportunity to provide self-assessment and feedback. No extension of time requested. Reasonable time provided. Due and proper process followed. No unjustified disadvantage. No unjustified dismissal.;ARREARS OF WAGES: Employment agreement provided additional hours worked covered by salary. No evidence respondent agreed to pay applicant for additional hours. No arrears of wages. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 – ERA s4(1A)(c) - ERA s103A |
| Number of Pages | 12 |
| PDF File Link: | 2013_NZERA_Auckland_272.pdf [pdf 266 KB] |