| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2018] NZERA Christchurch 7 |
| Hearing date | 2-Nov-17 |
| Determination date | 24 January 2018 |
| Member | P van Keulen |
| Representation | J Guthrie ; Scott Worthy |
| Location | Dunedin |
| Parties | Hand v Tecpak Industries Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s actions – Site Co-ordinator |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: Respondent did not mislead applicant over restructuring process. Manager was committed to getting applicant back to work before restructuring. Applicant given comprehensive information of restructuring proposal, and an opportunity to consider and respond to proposal. Respondent consulted applicant over alternatives to dismissal. Respondent did not breach duty of good faith and consultation was procedurally fair. No unjustified disadvantage. |
| Result | Application dismissed, Costs reserved. |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A |
| Cases Cited | Grace Team Accounting Ltd v Brake [2014] NZCA 541;Jinkinson v Oceania Gold (NZ) Ltd (No 2) [2010] NZEmpC 102;Scarborough v Micron Security Products Ltd [2015] NZEmpC 39 |
| Number of Pages | 12 |
| PDF File Link: | 2018_NZERA_Christchurch_7.pdf [pdf 224 KB] |