| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 206 |
| Hearing date | 1 Nov 2017 - 20 Nov 2017 (2 days) |
| Determination date | 28 November 2017 |
| Member | D Appleton |
| Representation | P Maciaszek ; R Thompson |
| Location | Christchurch |
| Parties | Eliott v Cookie Time Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged from respondents failure to redeploy him into a newly created position of Chief Financial Officer (“CFO”) – Financial Controller |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE: Disestablishment of applicant’s position substantively justified. Evidence from respondent particularly cogent and compelling. No predetermination to disestablish applicant’s role. Respondent did not act unjustifiably by not redeploying applicant in CFO role. New role of CFO required different skill set to applicant’s previous role. Dismissal justified. Restructuring process not flawed. No unjustified disadvantage. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A;ERA s103A(2) |
| Cases Cited | Simpson Farms v Aberhart [2006] ERNZ 825 (EmpC)Wang v Hamilyon Multicultural Services Trust [2010] NZEmpC 142 |
| Number of Pages | 20 |
| PDF File Link: | 2017_NZERA_Christchurch_206.pdf [pdf 289 KB] |