| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 11/04 |
| Hearing date | 19 Nov 2003 |
| Determination date | 12 January 2004 |
| Member | R A Monaghan |
| Representation | JB Dewar ; M Hammond |
| Location | Auckland |
| Parties | De Wattignar v The Hamilton Club |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant's position disestablished and new full time position created - Applicant invited to apply for position but declined - Alleged respondent's president misled her about job security - President's comments made weeks before new manager started - Not misleading because possibility of restructuring not yet raised - No disadvantage grievance established - Restructuring not response to applicant's request for pay increase - No ulterior motive to dismiss applicant - Genuine redundancy - Respondent not obliged to redeploy applicant - Adequate consultation - Termination by phone not ideal but dismissal justified - Remedies - Genuine redundancy therefore reinstatement unavailable - Part time accounts administrator |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Communication and Energy Workers Union v Telecom NZ Ltd [1993] 2 ERNZ 429;Coutts Cars v Baguley [2001] ERNZ 660;GN Hale v Wellington, Taranaki and Nelson Caretakers etc IUOW [1990] 2 NZILR 1079 ; [1991] 1 NZLR 151 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |