| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 34/03 |
| Hearing date | 4 Dec 2002 |
| Determination date | 14 February 2003 |
| Member | R A Monaghan |
| Representation | G Denholm ; S Jackson |
| Location | Auckland |
| Parties | McDonald v Raukura Haurora O Tainui |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Fixed term of 2 years - Employment agreement never signed - Signed letter accepting position in principle - No agreement of fixed term - Restructuring - Applicant's position affected - Explanation at meeting - Alleged assured of appointment to new position - Interview process - Applicant sought high salary - Applicant not offered job - Applicant read rejection letter as dismissal - No dismissal - Restructuring genuine - New position not same as applicant's position - Expectation of appointment conveyed but no guarantee offered - Not deliberately misled - No failure to consult - Unlikely parties would have agreed on salary for new position - Formal offer of new position should have been made - Procedurally unfair - Dismissal unjustified - Remedies to be dealt with in accordance with Tikanga Maori - Manager general health services |
| Result | Application granted ; Remedies reserved ; Costs reserved |
| Number of Pages | 6 |
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