| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 174/03 |
| Hearing date | 27 Nov 2003 - 11 Dec 2003 (2 days) |
| Determination date | 17 December 2003 |
| Member | D Asher |
| Representation | G Gowland ; J Dobson |
| Location | Wellington |
| Parties | Shaddox v EDS (New Zealand) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Restructuring initiated to reduce 17 staff to 13 - Selection criteria related to project management competencies - Applicant placed 11th based on selection criteria - Made redundant when respondent applied extra criterion of specific, current and future delivery needs of individual clients - Respondent did not explain how extra criterion was being applied - Respondent failed to demonstrate extra critierion objectively and fairly applied - Employee generally entitled to know all assessment criteria - Dismissal unjustified - Remedies - Respondent's failure to meet contractual obligations meant award greater than 3 months' lost remuneration - Project manager |
| Result | Application granted ; Reimbursement of lost wages (7 months) ; Compensation for humiliation etc ($15,000) ; Costs reserved |
| Statutes | ERA Part 9 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Baguley v Coutts Cars Ltd [2000] 2 ERNZ 409;Murfitt v CentrePort Ltd [1999] 2 ERNZ 955;Nelson Air Ltd v New Zealand Airline Pilots Association [1994] 2 ERNZ 665 |
| Number of Pages | 12 |
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