| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 172 |
| Hearing date | 19 Dec 2013 |
| Determination date | 06 May 2014 |
| Member | K J Anderson |
| Representation | S McKenna ; R Drake |
| Location | Hamilton |
| Parties | McCaskill v Inframax Construction Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed had been guaranteed employment for two years when relocated following company restructure - Applicant’s position made redundant after further restructuring - Applicant rejected offer of alternative position |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant accepted redundancy of position genuine and substance of dispute related to alleged guarantee of work. No written or corroborative evidence of any contractual undertaking by respondent guaranteeing applicant employment for two years. Applicant claimed alternative position not substantially similar to role however annual earnings of employee who undertook role higher than those of applicant in last year of employment. Respondent acted fairly by offering applicant reasonably suitable position. Dismissal justified. |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | Legal Services Act 2011 s24(1);Legal Services Act 2011 s45 |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Auckland_172.pdf [pdf 106 KB] |