| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 222/04 |
| Hearing date | 10 Jun 2004 - 11 Jun 2004 (2 days) |
| Determination date | 01 July 2004 |
| Member | M Urlich |
| Representation | G Stone ; A Lubbe |
| Location | Auckland |
| Parties | Ross v ANZ Banking Group Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Unilateral redeployment - Respondent sought to change applicant's hours of work or relocate him - Applicant continually requested information about employment agreement in relation to respondent's right to redeploy him - Given option between two positions - Alleged lack of consultation - One option removed when applicant raised personal grievance - Employment agreement allowed for transfer - Unilateral removal from paid sick leave - Failure to provide copy of employment agreement did not affect consultation process - Removal of redeployment option unjustified - Removal of applicant from paid sick leave unjustified - Remedies - Reinstatement to position ordered - Entitled to lost wages as result of redeployment - Entitled to sick leave |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages (4 weeks) ; Other monies (2 weeks)(Sick leave) ; Costs reserved |
| Statutes | ERA s4;ERA s4(1)(a);ERA s4(1)(b);ERA s4(4)(d) |
| Cases Cited | AMI Insurance v Kirk [1999] 1 ERNZ 301 |
| Number of Pages | 12 |
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