| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 103 |
| Hearing date | 3 Jul 2013 - 4 Jul 2013 (2 days) |
| Determination date | 26 August 2013 |
| Member | T MacKinnon |
| Representation | D Allan ; G Davenport |
| Location | Wellington |
| Parties | Double v Wellington Society for the Prevention of Cruelty to Animals (SPCA) Incorporated |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Whether decisions about restructuring influenced by applicant’s allegations of being bullied by manager – Vacant position advertised before restructuring proposal announced – Whether respondent should have redeployed applicant to vacant position rather than filling position – Whether position needed to be filled urgently – Clinic supervisor |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Restructuring result of genuine need for institutional change and decision to disestablish applicant’s position contentious but decision respondent entitled to make. Decision to disestablish applicant’s position not connected with knowledge of formal bullying complaints made by applicant. Fair and reasonable employer could not decide to fill vacant position during consultation period and would have found other means to cover vacant position until restructuring decisions made. Unreasonable for respondent to require applicant to apply for vacant positions and would have been reasonable for applicant to have been offered vacant position. Fair and reasonable employer would have engaged in discussion with applicant over possible redeployment to other role. Understandable applicant chose not to apply for vacant roles. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $7,020 reimbursement of lost wages. $5,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($7,020) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s103A;ERA s128 |
| Cases Cited | Rittson-Thomas (t/as Totara Hills Farm) v Davidson (2013) 10 NZELR 391 |
| Number of Pages | 14 |
| PDF File Link: | 2013_NZERA_Wellington_103.pdf [pdf 138 KB] |