| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 256/03 |
| Hearing date | 9 Jun 2003 - 10 Jun 2003 (2 days) |
| Determination date | 22 August 2003 |
| Member | R A Monaghan |
| Representation | I Davidson ; A Caisley |
| Location | Auckland |
| Parties | Tschagowetz-Brown v Auckland War Memorial Museum Trust Board |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Informal mid-year performance review with supervisor - Refused to accept negative feedback - Further meeting to discuss review issues and communication difficulties - Delay by supervisor in implementing agreed structures - Delay investigated by manager - Before investigation complete applicant sent email to staff claiming to be ill due to stress and alleging mismanagement - Disciplinary meeting - Respondent accepted email due to stress - Agreed applicant would remain on sick leave till allegations of stress investigated - Investigation uncovered possibility of restructuring - Applicant's job commercially unviable - Opportunity to respond to restructuring proposals - But for" test - Genuine redundancy situation - Dismissal justified - UNJUSTIFIED DISADVANTAGE - No suspension - No failure to act on concerns - No unjustified disadvantage - Manager museum admissions" |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Communication & Energy Workers Union Inc v Telecom NZ Ltd [1993] 2 ERNZ 429;Forest Park (NZ) Ltd v Adams [2000] 2 ERNZ 310;G N Hale & Son Ltd v Wellington etc Caretakers etc IUOW [1991] 1 NZLR 151 |
| Number of Pages | 13 |
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