| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 6/07 |
| Hearing date | 16 Nov 2006 |
| Determination date | 19 January 2007 |
| Member | G J Wood |
| Representation | P Cranney ; K Spackman |
| Location | Wellington |
| Parties | Trotter v AMP Services (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE - Redundancy - Whether redundancy genuine – Respondent split applicant’s position into two lower level positions – Accepted transitional periods in new role - Employment agreement prescribed how redeployment to be approached - Situation similar to Simpsons Farms Ltd v Aberhart – Changes to position significant and for genuine business reasons – Genuine redundancy - Respondent met redeployment responsibilities - While matter put to applicant as proposal, effectively no consultation undertaken before told changes would take place - Met requirement to consult about impact of changed structure – However, that consultation could not possibly deal with s4(1A)(c) Employment Relations Act 2000 obligation to provide employee access to information and opportunity to comment when proposing to adversely affect continuation of employment – Unjustified disadvantage rather than unjustified dismissal – Good faith obligations also breached - Remedies - Applicant long standing employee of seniority - As in Aberhart, $15,000 compensation appropriate – Length of service 15 years - Unit Pricing Manager |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($15,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(c);ERA s103A |
| Cases Cited | Simpsons Farms Ltd v Aberhart [2006] 1 ERNZ 825 |
| Number of Pages | 14 |
| PDF File Link: | wa 6_07.pdf [pdf 69 KB] |