| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 204 |
| Hearing date | 21-Jun-16 |
| Determination date | 21 June 2016 |
| Member | Vicki Campbell |
| Representation | R Jones (in person) ; M Robins |
| Location | Auckland |
| Parties | Jones v Solway Trust |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Support worker |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant employee affected by restructuring under Part 6A Employment Relations Act 2000 and entitled to choose whether or not to transfer to new employer. Applicant given adequate information about reason for restructuring. Applicant’s concerns about safety with client who assaulted her overstated as she had worked in same location as client before. Applicant chose not to take up role with new employer. Respondent acted as fair and reasonable employer. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Part 6A;ERA s69OH;ERA s69OI;ERA s69OJ;ERA s174E |
| Number of Pages | 6 |
| PDF File Link: | 2016_NZERA_Auckland_204.pdf [pdf 104 KB] |