| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 178 |
| Hearing date | 11 Mar 2014 |
| Determination date | 09 May 2014 |
| Member | K J Anderson |
| Representation | A Singh ; M Dearing |
| Location | Auckland |
| Parties | Baker v Counselling Services Centre |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Reduction in funding - New policy requiring all employees to hold qualification relevant to role - Consolidation of three part-time positions into one full-time position - Proposal for applicant and fellow employee to share full-time position - Social worker |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent entitled to consolidate three part-time positions into one full-time position following appropriate consultation given genuine need to save costs. Fair and reasonable employer would not have required applicant to engage in competitive process for new position and should have explored job share proposal further. No evidence why respondent considered duties of new role substantially different to part-time role and purported substantial difference between roles not discussed. Dismissal premature. Dismissal unjustified. REMEDIES: No contributory conduct. No evidence of mitigation of loss or hurt or humiliation. |
| Result | Application granted ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s103A(2);ERA s103A(3);ERA s103A(4);ERA s128 |
| Cases Cited | Allen v Transpacific Industries Group Ltd (t/as Medismart Ltd) (2009) 6 NZELR 530;Radius Residential Care Ltd v McLeay [2010] ERNZ 371;Rittson-Thomas (t/as Totara Hills Farm) v Davidson (2013) 10 NZELR 391;Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Auckland_178.pdf [pdf 167 KB] |