| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 290/07 |
| Hearing date | 25 Jul 2007 |
| Determination date | 18 September 2007 |
| Member | V Campbell |
| Representation | S Mitchell ; K Dunn |
| Location | Hamilton |
| Parties | Green v Norske Skog Tasman Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant’s position disestablished when payroll duties transferred to overseas parent company - Redundancy genuine - Consultation adequate and applicant’s feedback considered - Applicant claimed opportunities for redeployment not properly considered - Applications for redeployment unsuccessful as lacked required skills - Alleged disparity of treatment - Maintenance employees offered other roles despite need for retraining - Difference in treatment explainable by contractual agreement between respondent and union which applied to maintenance area only - Although respondent should have given consideration to applicant before agreeing to job swap between other employees when role possibly suitable for applicant, as matter of degree did not cause otherwise justifiable dismissal to be unjustified - Dismissal justified - Payroll Administrator |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Coutts Cars Ltd v Baguley [2002] 2 NZLR 533;Simpsons Farms Ltd v Aberhart [2006] 1 ERNZ 825 |
| Number of Pages | 9 |
| PDF File Link: | aa 290_07.pdf [pdf 48 KB] |