| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 333/05 |
| Hearing date | 1 Aug 2005 |
| Determination date | 29 August 2005 |
| Member | D King |
| Representation | D Organ ; E Huston |
| Location | Auckland |
| Parties | Evans v Gen-i Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine redundancy - After restructuring new position of Team Leader (TL") created - Applicant's position of Senior Team Analyst ("STA") made redundant - Whether positions sufficiently different for respondent to have been justified in disestablishing position of STA - Roles had same responsibilities in job descriptions - TL position had accountability for management of three people - Applicant had been carrying out managerial responsibilities although without requirement to performance manage staff - TL's position substantially similar to STA's position - Unjustified dismissal as applicant's position did not disappear - Applicant alleged respondent had ulterior motive for termination linked to alleged bullying of applicant by Applications Manager - Not probable - Authority accepted applicant felt bullied - "Bullying" defined as something repeatedly done or said to gain power and dominance over another, including any action or inaction, intended to cause fear and distress - Applications Manager's behaviour not an attempt to deliberately undermine applicant or induce fear - Senior Team Analyst" |
| Result | Application granted ; Compensation for humiliation ($6,000) ; Costs reserved |
| Number of Pages | 3 |
| PDF File Link: | aa 333_05.pdf [pdf 18 KB] |