| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 11 |
| Hearing date | 21-Nov-16 |
| Determination date | 17 January 2017 |
| Member | Vicki Campbell |
| Representation | C Mayston ; G Peploe |
| Location | Auckland |
| Parties | Archibald v Waikato District Health Board |
| Summary | DISPUTE - Whether offer of redeployment met terms of collective employment agreement (“CEA”) - Whether applicant entitled to severance pay - UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Health Promoter |
| Abstract | AUTHORITY FOUND -;DISPUTE: CEA required redeployed role no less favourable. Redeployed role required significant commute. Applicant’s health made travel difficult and applicant indicated not prepared to undertake commute. Redeployed role was less favourable than current role. Applicant entitled to severance pay. Question answered in favour of applicant.;UNJUSTIFIED DISMISSAL: Genuine reason for restructure. Applicant not advised of travel requirements during consultation process which was information relevant to continuation of applicant’s employment. Failure to provide information constituted breach of good faith. Respondent breached CEA by failing to agree with applicant on options appropriate to her prior to giving notice of termination. Dismissal unjustified. REMEDIES: $10,000 compensation appropriate. |
| Result | Question answered in favour of applicant ; Application granted ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s103(3) ; ERA s103(1)(a) ; ERA s103(1)(b) ; ERA s103A ; ERA s174E |
| Cases Cited | Auckland Regional Council v Sanson [1999] 2 ERNZ 597 (CA);Grace Team Accounting Ltd v Brake [2014] NZCA 541, [2014] ERNZ 129;Matthes v NZ Post Ltd [1994] 1 ERNZ 994 (CA);Unkovich v Air New Zealand Ltd [1993] 1 ERNZ 526 (EmpC);Wallis v Carter Holt Harvey Ltd [1998] 3 ERNZ 984 (EmpC);West Coast District Health Board v New Zealand Public Service Association ERA Christchurch CA154/08, 16 October 2008;Westpac Banking Corporation v Money [2004] 1 ERNZ 576 (CA) |
| Number of Pages | 17 |
| PDF File Link: | 2017_NZERA_Auckland_11.pdf [pdf 235 KB] |