| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 109/05 |
| Hearing date | 16 Dec 2004 - 17 Dec 2004 (2 days) |
| Determination date | 15 August 2005 |
| Member | P Montgomery |
| Representation | PD Lawson ; S Hornsby |
| Location | Christchurch |
| Parties | Kellerhals v Christchurch City Council |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Redundancy - Applicant's position to be disestablished as result of restructuring - Applicant regarded certain position in new structure as similar to current role and sought direct appointment to that position - Respondent refused but offered enhanced interview process which meant would be appointed to new role if demonstrated capability - Applicant declined offers and continued to press for direct appointment - Certain managerial duties removed from applicant as new team leader worked full-time so assistance no longer needed - Applicant considered that action returned her to position which was not to be disestablished in restructure - Respondent refuted that belief by email - Applicant did not apply for any alternative positions so redundancy took effect - No attempt by respondent to rid itself of applicant - Three offers of enhanced interview process for new role - Respondent's assessment that new role only 20-25% similar to applicant's existing role more accurate than applicant's view - Letter removing managerial duties did not constitute letter of offer or appointment to different position - No effect on disestablishment of applicant's position - Restructuring process fair - No discrimination or unjustified disadvantage in context of restructuring or removal of managerial duties - No breach of obligations regarding refusal to directly appoint applicant to new role - Offers of enhanced interview process went beyond respondent's obligations - No breach of collective employment agreement - Redundancy genuine - Dismissal justified - Senior customer services representative |
| Result | Application dismissed ; Costs reserved |
| Statutes | Local Government Act 2002 |
| Number of Pages | 9 |
| PDF File Link: | ca 109_05.pdf [pdf 49 KB] |