Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 132/04
Hearing date 1 Nov 2004
Determination date 05 November 2004
Member P Montgomery
Representation PD Lawson ; S Hornsby
Location Christchurch
Parties Kellerhals v Christchurch City Council
Summary INJUNCTION - Interim reinstatement - Applicant's position made redundant after restructuring - Alleged under collective agreement applicant entitled to be directly appointed to closest newly created vacant position in terms of role and function that applicant was capable of filling - Alleged entitled to be directly appointed to new Subject Matter Expert position - Arguable case regarding collective agreement issues - Respondent made it clear it was obliged under Local Government Act 2002 to ensure most appropriately qualified person appointed - Applicant refused to undertake capability test - Applicant currently held role which was to become redundant - Interim reinstatement declined - Authority declined to direct respondent to hold Subject Matter Expert position open for applicant - Such direction lay outside Authority's jurisdiction - Senior Customer Services Representative
Result Application dismissed; No order for costs
Statutes Local Government Act 2002 Seventh Schedule cl37(3)(a)
Number of Pages 3
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