| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 79 |
| Hearing date | 11 Jul 2014 |
| Determination date | 23 July 2014 |
| Member | P R Stapp |
| Representation | G O'Sullivan ; P Churchman |
| Location | Wellington |
| Parties | Coffey v Commissioner of Police |
| Summary | PRACTICE AND PROCEDURE - Application to re-open investigation to determine how to apply Authority's order that applicant be reinstated to position no less advantageous than previous position - DISPUTE - Parties disputed whether position offered to applicant no less advantageous than previous position - Proposed position in different city - Applicant's previous position disestablished - Authority found previously that applicant unjustifiably dismissed - Business services manager |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Best way forward was with Authority's intervention. Application to re-open investigation granted.;DISPUTE: No disagreement that proposed position not more junior, did not have less salary, did not have markedly different hours of work and did not appear to be demotion. Authority observed respondent would be unable to insist on applicant accepting position with reassignment conditions such as salary maintenance. Authority observed respondent not required to revisit earlier restructure and reinstate applicant to previous position. Authority observed applicant may have to accept relocation and different arrangements around job functions. Proper to consider geographical locality of proposed position. Respondent unable to compel applicant to move to Otahuhu given distance from Nelson. Proposed position not sized to determine whether position met requirements for relevant salary band. Proposed position not no less advantageous than previous position. Authority noted position would need to be developed in reasonable location and deliver value for applicant's salary. Question answered in favour of applicant. |
| Result | Application granted (practice and procedure) ; Question answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | Coffey v Commissioner of Police [2013] NZERA Wellington 152;Counties Manukau District Health Board v Trembath [2001] ERNZ 847;Hennessey v Auckland City Council [1983] ACJ 593;National Distribution Union v Gordon and Gotch (NZ) Ltd unreported, J Wilson, 10 July 2008, AA242/08;New Zealand Printing and Related Trades IUOW v Sigma Print Ltd (1979) ERNZ Sel Cas 1;Westpac Banking Corp v Money [2004] 1 ERNZ 576 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Wellington_79.pdf [pdf 225 KB] |