| 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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