| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 121A/06 |
| Hearing date | 27 Jun 2006 |
| Determination date | 12 September 2006 |
| Member | J Scott |
| Representation | L Dawson ; M Hammond |
| Location | Auckland |
| Parties | Dawson v Te Wananga O Aotearoa |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Whether redundancy genuine - Fact similar role established shortly after applicant dismissed did not automatically demonstrate original decision to disestablish position not genuine - Genuine decision others would take on applicant's duties but experience showed not feasible - Respondent may have made wrong decision at time but made for genuine reasons - Applicant's concern arose when similar position advertised and filled shortly after made redundant - Applicant not entitled to be placed in new position automatically - New position not identical to applicant's former position - However, applicant well qualified for role and may have been successful if applied - Commitment given by respondent to consider applicant for future roles expired by time applications for new position closed - Also, commitment contingent on applicant applying for suitable position - Respondent invited her to apply for new position but she did not - Dismissal justified - Length of service one year one month - Placement Liaison Co-ordinator/Lecturer |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Dawson v Te Wananga O Aotearoa unreported, K Anderson, 10 April 2006, AA 121/06;GN Hale & Sons Ltd v Wellington, Taranaki and Nelson Caretakers etc IUOW [1990] 2 NZILR 1079 ; [1991] 1 NZLR 151 ; (1990) 3 NZELC 97,985 ; (1990) ERNZ Sel Cas 843;Mathews v Bay of Islands Building Company Ltd t/a Pioneer Homes unreported, Colgan J, 4 March 1998, AEC 12/98 |
| Number of Pages | 4 |
| PDF File Link: | aa 121a_06.pdf [pdf 30 KB] |