| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 125/07 |
| Determination date | 27 April 2007 |
| Member | V Campbell |
| Representation | P Dawson ; K Thompson |
| Location | Auckland |
| Parties | Saywell v New Zealand Management Academies Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed redundancy a sham and consultation process flawed - Whether redundancy genuine - Applicant had given evidence at co-worker's Authority investigation meeting - Respondent raised concerns about evidence applicant gave, her performance as academy manager, and information she gave during redundancy process - No disciplinary action taken - Applicant concerned manager trying to force her out of job - Respondent's academies not performing to expectations - Draft proposal to change business structure presented to managers - Advised position disestablished and invited apply for new managerial position - Fair and reasonable employer would have concluded new positions required to ensure ongoing viability of business - Restructuring was for genuine business purposes - Applicant unsuccessfully applied for role - Advised redundant - Claimed not advised redundancy possible consequence - Other employees who chose not to apply for new roles made redundant - More likely than not applicant aware disestablishment of role could result in redundancy - Under misapprehension would be appointed to new position and process a formality - Claimed recruitment process flawed, predetermined, and interview farcical - Satisfied interview process structured and formal - More likely than not no predetermination about applicant's future employment at time of interview - Redundancy justified - GOOD FAITH - Also claimed respondent engaged in misleading conduct and breached obligations under s4 Employment Relations Act 2000 - No evidence to support claim - Applicant knew reasons for restructuring and how role would be impacted |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A);ERA s103A |
| Cases Cited | Communication & Energy Workers Union Inc v Telecom NZ Ltd [1993] 2 ERNZ 429;Hitchiner v New Zealand Management Academies Ltd unreported, K Anderson, 27 January 2006, AA 16/06;Simpsons Farms v Aberhart [2006] 1 ERNZ 825;Wellington International Airport Ltd v Air New Zealand [1993] 1 NZLR 671 (CA) |
| Number of Pages | 9 |
| PDF File Link: | aa 125_07.pdf [pdf 45 KB] |