| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 171/04 |
| Hearing date | 11 Nov 2004 |
| Determination date | 13 December 2004 |
| Member | P R Stapp |
| Representation | G Ogilvie ; M Hammond |
| Location | Wellington |
| Parties | Pahina v Te Wananga O Aotearoa Te Kuratini o Nga Waka |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Employment terminated due to insufficient student numbers - Alleged assurance during consultation process that applicant's position not affected - Genuine business reasons for redundancy - Adequate consultation - Responsibility for adequate teacher to student ratio part of applicant's job description and understood by her - Open to respondent to select which teachers to make redundant on basis of number of students taught rather than merit - On balance no promise that position not affected - Probable that applicant misunderstood respondent's comments - Dismissal justified - UNJUSTIFIED DISADVANTAGE - Alleged failure to give applicant preference for subsequent vacancy as specified in redundancy letter - Time limit on preference expired prior to vacancy arising - Vacancy advertised externally so opportunity for applicant to apply anyway - No unjustified disadvantage - Kaiako/tutor |
| Result | Applications dismissed ; Costs reserved |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |