| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 127 |
| Hearing date | 7 May 2013 |
| Determination date | 28 June 2013 |
| Member | G J Wood |
| Representation | C Mayston ; P Shaw |
| Location | Christchurch |
| Parties | Sobiecka v Canterbury District Health Board |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to pay redundancy compensation – Multiple offers of redeployment rejected – Whether terms and conditions of new position less favourable than current position – Whether applicant’s communication skills sufficient for new role – Final job offer made three hours before applicant’s employed ended – Multi-employer collective agreement – Clinical Records Clerk |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: Applicant clearly had skills and ability to do new position. Terms and conditions of employment of new position not less favourable than current position. Applicant not entitled to reject offer of redeployment. Respondent under duty to pursue redeployment options right throughout redeployment period. Applicant adversely affected by lack of time to get representative for final meeting but deficiencies minor and did not result in applicant being treated unfairly. No unjustified disadvantage. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Christchurch_127.pdf [pdf 182 KB] |