Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 306/04
Hearing date 18 May 2004
Determination date 22 September 2004
Member Y S Oldfield
Representation J Wickes ; J Rooney
Location Auckland
Parties Levick v Energex Ltd
Summary UNJUSTIFIED DISMISSAL - Redundancy - Whether redundancy in breach of employment agreement and procedurally unfair - Restructuring led to redundancy of applicant's position - Genuine reason for redundancy - New position created not same or substantially similar to applicant's old position - Applicant redundant pursuant to definition of redundancy contained in employment agreement - Consultation process brief but sufficient to give applicant reasonable chance to be heard - Applicant should have been advised of salary increase for new position but omission had no material effect on outcome - Unfortunate applicant received advice of redundancy prior to taking leave but advice given in good faith - Redundancy procedurally justified - Dismissal justified - Administration manager
Result Application dismissed ; Costs reserved
Number of Pages 8
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