| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 127/07 |
| Hearing date | 17 Jul 2007 - 18 Jul 2007 (2 days) |
| Determination date | 01 November 2007 |
| Member | J Crichton |
| Representation | C French ; W Martin |
| Location | Invercargill |
| Parties | Allott v Transition to Work Trust |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant’s position made redundant when respondent lost funding - Applicant’s argument should not have subject to restructuring as programmes she worked on unaffected by lost contracts rejected - Redundancy genuine - Respondent proposed restructure and sought feedback - Manager unfairly failed to respond to applicant’s request for assistance with self evaluation required she had to fill out - Applicant did different work to colleagues and evaluation did not include full details of her work - Process determined by respondent in advance not adhered to - Required respondent to rely of self evaluation forms to determine employees to remain - Process flawed - Respondent also admitted relied on alleged earlier alleged disciplinary event, but no record of this - Respondent failed to include all applicant’s work in evaluations - Dismissal unjustified - Remedies - Respondent not commercial organisation, however serious breach of process and substantial award appropriate - Life coach |
| Result | Application granted : Reimbursement of lost wages ($7,500) ; Compensation for humiliation etc ($11,000) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | ca 127_07.pdf [pdf 30 KB] |