| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 58/04 |
| Hearing date | 6 May 2004 - 7 May 2004 (2 days) |
| Determination date | 24 May 2004 |
| Member | G J Wood |
| Representation | P Cullen ; J Holden |
| Location | Wellington |
| Parties | Thomas v The Open Polytechnic of New Zealand |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant's position terminated after restructuring - Applicant argued should have been redeployed to newly created position as was not significantly different - Applicant on indefinite agreement so employment could not be terminated unless responsibilities, duties, size or competency requirements of position became significantly different - Main difference was in area of contract management which required significant skills and formed core of new role - Change in focus led to significant differences between duties and competency requirements of old and new roles - Open for respondent to decline to redeploy applicant to new role - No personal grievance - Programme Manager |
| Result | Application dismissed |
| Cases Cited | New Zealand Fasteners Stainless v Thwaites [2000] 1 ERNZ 739 ; [2000] 2 NZLR 565 |
| Number of Pages | 9 |
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