| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 318/04 |
| Hearing date | 3 Sep 2004 |
| Determination date | 28 September 2004 |
| Member | D King |
| Representation | W Charleston (in person) ; C Stewart |
| Location | Auckland |
| Parties | Charleston v University of Waikato |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Redundancy - Applicant did not participate in initial consultation process because believed was academic staff and not affected - Respondent regarded him as general staff - Applicant believed employment terminated when redundancy proposal put to him - Any detriment arising from applicant's beliefs rectified when respondent made aware of misunderstanding - Genuine need for redundancy - Applicant's position essential when accepted job offer - Position became merely desirable when circumstances changed - No breach of good faith or misrepresentation at time respondent offered position - No evidence of predetermination - Adequate consultation - Accepted redeployment offer - Employment agreement provided for three months' notice in event of dismissal - No dismissal took place because redeployment accepted - Not entitled to be paid three months' notice - No unjustified disadvantage or dismissal - Academic manager |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Group Rentals NZ Ltd v Canterbury Clerical Workers Industrial Union of Workers [1987] NZILR 255 |
| Number of Pages | 6 |
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