Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 323/02
Hearing date 5 Aug 2002
Determination date 04 November 2002
Member R A Monaghan
Representation D James ; P Swarbrick
Location Auckland
Parties Whautere v New Zealand Post Ltd
Summary UNJUSTIFIED DISMISSAL - Redundancy - New position created upon return from workplace injury - Formally accepted new position - Unable to return to old duties due to medical condition - Restructuring - Position redundant - Sought return to old position - 'Fair treatment' internal hearing did not resolve problem - Had no legitimate claim to old position - Redundancy genuine - Dismissal justified - UNJUSTIFIED DISADVANTAGE - Alleged accepted new position on representation of eventual return to old position - No evidence of representations - Disadvantage not established - ARREARS OF WAGES - Alleged failure to pay correct severance - Payment made prior to investigation meeting - Matter settled between parties - Senior mail officer
Result Application dismissed ; Costs reserved
Number of Pages 10
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