| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 96 |
| Hearing date | 5 Mar 2013 |
| Determination date | 02 August 2013 |
| Member | T MacKinnon |
| Representation | B Buckett ; S Turner, C Bates |
| Location | Wellington |
| Parties | Ting v The Chief Executive of the Ministry of Social Development |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to pay redundancy compensation - Applicant’s position disestablished – Applicant reassigned to new position – Applicant raised concerns about new role - Respondent sought to address applicant’s concerns – Applicant declined reassignment and signed waiver of entitlement to redundancy compensation – Applicant given extension of time to consider reassignment – Applicant invited to articulate solution – Applicant’s proposal rejected by respondent - Whether change management protocol applied to applicant – Whether applicant under duress to sign waiver - GOOD FAITH – Whether respondent breached good faith in dealing with applicant - Team leader |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: Change management protocol incorporated into applicant’s employment agreement. Whether new role ‘no less favourable’ to be assessed objectively. Terms of reassignment no less favourable to applicant. Applicant not entitled to redundancy compensation. Respondent had no indication applicant upset or stressed. Respondent entitled to rely on applicant’s waiver of redundancy compensation. No unjustified disadvantage;GOOD FAITH: Respondent met obligations of good faith - No evidence of aggressive or oppressive conduct – No breach of good faith. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA - ERA s174 - Fair Trading Act 1986 - State Sector Act 1988 |
| Cases Cited | Pharmacy Care Systems Ltd v Attorney-General (2004) 2 NZCCLR 187;Porteous v Chief Executive of the Department of Building and Housing [2010] NZEmpC 67 |
| Number of Pages | 18 |
| PDF File Link: | 2013_NZERA_Wellington_96.pdf [pdf 225 KB] |