Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 106/04
Hearing date 20 Jul 2004
Determination date 16 August 2004
Member G J Wood
Representation J Cleary ; S Deegan
Location Wellington
Parties Allan v National Bank of New Zealand Ltd
Summary UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Whether offer and acceptance - Respondent purchased by applicant's employer - Restructuring resulted in redundancy or redeployment - Whether agreement to pay applicant redundancy compensation and offer new position - Credibility - Respondent's evidence preferred - No agreement to pay compensation as well as offer position - Redundancy compensation paid - Offer and acceptance of position subject to written agreement - Written agreement never concluded - No unjustified dismissal or disadvantage
Result Application dismissed ; Costs reserved
Cases Cited Electricity Corporation of New Zealand Ltd v Fletcher Challenge Energy Ltd [2001] 2 NZLR 219;Fenwick v Knight Frank (NZ) Ltd unreported, GJ Wood, 10 April 2002, WA 28/02;Hayden v Wellington Free Ambulance Service [2002] 1 ERNZ 399
Number of Pages 9
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