Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 374/04
Hearing date 23 Jun 2004 - 2 Jul 2004 (3 days)
Determination date 17 November 2004
Member Y S Oldfield
Representation K Felton (in person) ; M Berryman, R McBeath
Location Auckland
Parties Felton, formerly known as Amrein v UBD (a division of W & H Publications Ltd)
Summary UNJUSTIFIED DISMISSAL - Redundancy - Business reorganisation - Discussion and offer of new position in co-worker's team - Plans for new role dropped - Told new position not going ahead but no explanation why - At further meeting to hear applicant's response, applicant told to have a coffee to wait for respondent to get back to her - Left waiting until late afternoon - Genuine redundancy - Procedurally unfair - UNJUSTIFIED DISADVANTAGE - Alleged change in duties disadvantage - First disadvantage grievance out of time and in any event could not have been sustained - Second disadvantage that co-worker obtained new position - Applicant inferred certain work transferred to co-worker - Applicant under misapprehension - No disadvantage - Manager
Result Application granted (Unjustified dismissal) ; Compensation for humiliation etc ($6,000) ; Application dismissed (Unjustified disadvantage) ; Costs reserved
Number of Pages 10
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