Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 47B/04
Hearing date 22 Jun 2004
Determination date 09 July 2004
Member P R Stapp
Representation N Holland (in person) ; A Sherriff ; C Woodman
Location Wellington
Parties Holland v Exicom Technologies Ltd
Summary UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine and procedurally fair - Restructuring decision to reduce total overheads - Decision for redundancies conveyed to staff including applicant - Information booklet about restructuring given to staff - Genuine redundancy - Consultation undertaken - Applicant chose not to engage in feedback - Competencies for assessment criteria reasonable and not contrary to employment agreement - Applicant under misapprehension he would not be affected - Dismissal justified - Non-publication order - Publication of documents regarding restructuring prohibited to protect privacy of people not involved in investigation meeting
Result Application dismissed ; Orders accordingly ; Costs reserved
Statutes ERA Second Schedule cl10(1)
Number of Pages 11
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