| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 276/05 |
| Hearing date | 26 May 2005 |
| Determination date | 22 July 2005 |
| Member | M Urlich |
| Representation | D Organ ; A Fitzgibbon |
| Location | Auckland |
| Parties | Melville v MarketSMART International (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Genuine redundancy - Applicant declined offer of alternative position - Procedurally unfair - No consultation prior to decision being made to restructure applicant's position - Dismissal meeting fell below standards required - Should have been given adequate notice of purpose of meeting to enable him to seek advice and/or have representative present - Reinstatement impractical since position no longer existed |
| Result | Application granted ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | aa 276_05.pdf [pdf 35 KB] |