| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 44 |
| Hearing date | 21 Jan 2014 |
| Determination date | 10 February 2014 |
| Member | E Robinson |
| Representation | A Goldstone ; S Blackwell |
| Location | Auckland |
| Parties | Topia v Communio Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by respondent’s failure to warn applicant of meetings in advance or advise applicant of right to have support person – Applicant claimed unjustifiably dismissed by respondent – Respondent service provider at Middlemore Hospital (“Hospital”) – Part time employee – Applicant had other full time job – Respondent required flexibility from applicant to cover staff absences |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant well acquainted with right to be notified of meeting and to bring representation and respondent’s failures minor and did not result in applicant being treated unfairly. No unjustified disadvantage. Need to provide additional shifts in order for respondent to meet contractual obligation to Hospital prompted restructure of applicant’s part time position. Genuine reasons for restructuring exercise. No requirement for words “restructuring” and “redundancy” during meetings and applicant made aware employment at risk if part-time position not changed to meet respondent’s business needs. Applicant provided with information relevant to continuation of employment and given opportunity to provide feedback. Applicant’s response indicated had closed mind to information provided by respondent and disregarded respondent’s need for flexibility. Document allegedly discovered by applicant detailing respondent’s plan not evidence of predetermination. Applicant’s previous challenge to roster did not strain relationship with respondent or affect restructure of applicant’s part-time position. Dismissal justified. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s4;ERA s4(1A)(c);ERA s4(1A)(c)(i);ERA s4(1A)(c)(ii);ERA s103A;ERA s103A(5) |
| Cases Cited | Communication & Energy Workers Union Inc v Telecom New Zealand Ltd [1993] 2 ERNZ 429;Rittson-Thomas (t/as Totara Hills Farm) v Davidson (2013) 10 NZELR 391;Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 14 |
| PDF File Link: | 2014_NZERA_Auckland_44.pdf [pdf 233 KB] |