| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 10/02 |
| Determination date | 08 February 2002 |
| Member | P Cheyne |
| Representation | R Lane ; AA Couch |
| Location | Christchurch |
| Parties | Gardiner v Nelson Marlborough District Health Board |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Position disestablished following implementation of Care and Review" process - Two part-time positions created but qualified nurses required - Alleged sufficiently skilled for position - Sought reorganisation of duties to cater for lack of training - Redeployment options canvassed - Accepted severance pay when no agreement reached - Proper business reasons for requiring qualified nurses - Redundancy genuine - Initial consultation inadequate but remedied subsequently - Dismissal justified" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s4;ERA s4(c);ERA s4(d);ERA s4(e) |
| Cases Cited | Coutts Cars Ltd v Baguley [2001] ERNZ 660;Rankin v Attorney General in respect of the State Services Commissioner [2001] ERNZ 476 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |