| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 120/05 |
| Hearing date | 25 Jan 2005 |
| Determination date | 08 September 2005 |
| Member | P Montgomery |
| Representation | J Fitchett, A Challis, L Penno |
| Location | Christchurch |
| Parties | Osborne v Crop and Food Research Institute Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant alleged redundancy substantively and procedurally unjustified - Research positions with respondent depended on funding - Insufficient funding led to proposal that applicant's position be disestablished - Respondent sought feedback from applicant about proposal which applicant agreed to give - However no feedback received from applicant - Position disestablished - Parties' collective employment agreement required respondent to review other opportunities for applicant within organisation - No suitable vacancies existed so respondent gave applicant notice - At investigation meeting applicant accepted lack of funding justified respondent declaring role surplus to requirements - Genuine redundancy - Respondent did not predetermine disestablishment but sought to secure further funding - Investigated every option available before declaring role redundant - No personal grievance - PENALTY - Respondent sought penalty for breach of good faith - Applicant breached obligations of good faith by twice refusing to provide input into consultative process, having given undertaking to do so - Declined to order penalty because Authority of view that applicant adopted her position in reliance on inappropriate advice - Microbiology Research Associate |
| Result | Applications dismissed ; Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | ca 120_05.pdf [pdf 40 KB] |