| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 60/05 |
| Hearing date | 12 Apr 2005 |
| Determination date | 20 April 2005 |
| Member | P R Stapp |
| Representation | F Lear, M Kirk ; P Churchman |
| Location | Wellington |
| Parties | De Villers v Fujitsu Australia and New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Redundancy - Applicant dismissed following restructuring - Genuine redundancy despite absence of paper trail" - Link between performance improvement programme and redundancy not established - Respondent entitled to give negative opinion of applicant's chances of securing new management position - Not pressured during consultation process - Fair and reasonable to proceed with proposal after applicant failed to respond by agreed time - Reasonable expectation of consultation about management of media leak and email sent to staff about applicant's situation - Failure to consult not disadvantage as information in statement to media and email factually correct - Accompanied departure from premises not unreasonable in difficult situation - No unjustified dismissal - No unjustified disadvantage - COSTS - One day investigation meeting - Reasonable contribution appropriate - National sales manager" |
| Result | Application dismissed ; Costs in favour of respondent ($2,000) |
| Number of Pages | 8 |
| PDF File Link: | wa 60_05.pdf [pdf 28 KB] |