Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No [2014] NZERA Wellington 87
Hearing date 8 Jul 2014 - 9 Jul 2014 (2 days)
Determination date 02 September 2014
Member P R Stapp
Representation J Elliott (in person), C Alderton ; P Chemis, A Pazin
Location Wellington
Parties Elliott v The Chief Executive of the Department of Corrections
Summary UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Restructure - Applicant sought reinstatement - Applicant alleged dismissal due to performance and respondent biased - Performance improvement plan - Unsuccessful during reassignment process Chief auditor
Abstract AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Decision to disestablish not related to performance. Genuine restructure. Unlikely ulterior motive of restructure. Respondent followed fair consultation process and provided opportunity for feedback. Dismissal justified.
Result Application dismissed; Costs reserved
Main Category Personal Grievance
Statutes ERA s174(b)
Number of Pages 7
PDF File Link: 2014_NZERA_Wellington_87.pdf [pdf 160 KB]