| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 330 |
| Hearing date | 3-4 Apr 2014 |
| Determination date | 08 August 2014 |
| Member | G J Wood |
| Representation | P Morten ; G Stone |
| Location | Rotorua |
| Parties | Hughes v Board of Trustees of Rotorua Girls High School |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably disadvantaged by redundancy process and unjustifiably dismissed by respondent - Applicant made redundant from head of department but retrained and re-engaged in different position - Applicant sought reinstatement to previous position - Loss of management units - RECOVERY OF MONIES - Applicant sought recovery of monies for conference and retraining costs - Applicant claimed entitled to scholarship contribution towards conference costs - Teacher |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: No dismissal as applicant remained employed during retraining and was subsequently employed in different role. Respondent failed to follow process set out in collective agreement. Applicant unfairly selected for redundancy. No consultation. Applicant unjustifiably disadvantaged by redundancy process. No submissions opposing reinstatement. REMEDIES: No contributory conduct. Reinstatement practicable and reasonable. $7,500 compensation appropriate. $14,000 compensation for loss of management units benefit appropriate.;RECOVERY OF MONIES: Applicant entitled to scholarship contribution to conference and retraining costs. Respondent to pay applicant $600 recovery of monies for conference and $2,280 recovery of monies for retraining costs. |
| Result | Applications granted (unjustified disadvantage)(recovery of monies); Compensation for humiliation etc ($7,500); Compensation for loss of benefit ($14,000)(management units); Recovery of monies ($600)(conference)($2,280)(retraining); Application dismissed (unjustified dismissal); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c) |
| Cases Cited | McKendry v Jansen [2010] ERNZ 453 |
| Number of Pages | 19 |
| PDF File Link: | 2014_NZERA_Auckland_330.pdf [pdf 235 KB] |