| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 257/06 |
| Hearing date | 26 Jun 2006 |
| Determination date | 08 August 2006 |
| Member | M Urlich |
| Representation | Lynda Emmerson ; Anaru Kira |
| Location | Auckland |
| Parties | Horo-Kirwera v Te Ha O Te Oranga O Ngati Whatua |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant claimed grievances arose from steps respondent took to change organisational structure - Respondent submitted organisational review carried out fairly and reasonably - Maintained applicant not dismissed and position existed for her to take up - General Manager (GM") announced changed structure and new roles at group meeting - Applicant raised concerns with GM about changes and manner in which announced - Took from his response would be no further discussion of issue - Applicant later told new role would also be changing - Applicant went on stress leave and sought exit package - Unfair and insensitive to advise applicant of impact of restructuring on her in front of staff who reported to her, and announce further restructuring by group email - Fair and reasonable that employee whose unique role to be affected by restructuring told in private - Further unfairness as not alerted to right to seek advice and have representative present - Respondent unreasonably failed to consult applicant about restructuring proposal - Unreasonably failed to take up applicant's subsequent offer to consult over restructuring, which presented opportunity to remedy previous failure - Accepted respondent's intention was to find redeployment options for all affected staff - Failed to treat applicant fairly and sensitively through restructuring process - Unjustified disadvantage - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant never returned from stress leave - Clear applicant's original position no longer existed and left with fraction of former duties - Appropriate to explore redeployment options - Nothing happened after respondent provided information about new position - No resignation or dismissal - No evidence to support claim during stress leave respondent repudiated employment agreement and applicant accepted repudiation - No constructive dismissal - Length of service three years - Operations manager" |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | aa 257_06.pdf [pdf 81 KB] |