| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2018] NZERA Auckland 4 |
| Hearing date | 16-Nov-17 - 17-Nov-17 (2 days) |
| Determination date | 08 January 2018 |
| Member | E Robinson |
| Representation | E Moss ; B Edwards, A Jackman |
| Location | Auckland |
| Parties | McKeown v Universal Communications Group NZ Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Regional Construction Manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant provided with letter setting out background and rationale for restructuring. Letter mentioned applicant’s role could be surplus to needs of business. Respondent gave applicant opportunity to comment or raise further concerns. Restructuring and disestablishment of applicant’s role was genuine. Applicant provided with opportunity to be redeployed into another role. Respondent acted in good faith during restructuring process. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(c);ERA s103A;ERA s174 |
| Cases Cited | Grace Team Accounting Ltd v Brake [2014] NZCA 541;Jinkinson v Oceania Gold (NZ) Ltd (No 2) [2010] NZEmpC 102;Wang v Hamilton Multicultural Services Trust [2010] NZEmpC 142 |
| Number of Pages | 14 |
| PDF File Link: | 2018_NZERA_Auckland_4.pdf [pdf 208 KB] |