Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 416/04
Hearing date 1 Apr 2004 - 29 Jul 2004 (2 days)
Determination date 21 December 2004
Member Y S Oldfield
Representation A Sharp ; J Dobson
Location Auckland
Parties Smythe v Westpac Banking Corporation
Summary DISPUTE - Applicant's position had been made redundant and was offered new position - Applicant alleged new position offered not substantially similar and resigned - Investigation limited to answering that question - In event of determination in applicant's favour, parties to return to mediation - Whether new position was substantially similar - Principal areas of contention were levels of responsibilities, skills and competencies - Applicant alleged position involved dealing with problems of increased complexity and making decisions with increased impact - Comparison between roles - In-house job assessments looked at - Assessments indicated neither the job size nor the job profiles could have been said at the relevant time to have been broadly comparable - New position remunerated one step higher - New job not substantially similar - Parties directed to mediation within six weeks receipt of determination
Result Question answered in favour of applicant ; Parties directed to mediation ; Costs reserved
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