| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 6/08 |
| Hearing date | 6 Nov 2007 |
| Determination date | 22 January 2008 |
| Member | G J Wood |
| Representation | D Edmonds ; J Copeland |
| Location | Napier |
| Parties | Edmonds v Allied Petroleum (NI) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Applicant alleged position not surplus to requirements - Respondent began restructuring process when acquired other operations - Planned to consolidate administration and considered remaining work would be at lower level - Applicant did not think proposed positions differed from current role - Believed she should receive redundancy payout and be rehired in new position - Applicant refused to apply when roles advertised as felt would be accepting positions were different - Also refused to be interviewed for new position as considered respondent already knew about her - Other internal applicant appointed and applicant given notice of termination - Compressing of three original roles into two lower level positions made it justifiable for respondent to conclude new role substantially different from applicant’s supervisory role - Applicant alleged disparity of treatment compared to other staff who were restructured and retained employment - Other staff had agreed changes with respondent - No disparity of treatment - While applicant may consider appointment of other worker unfair, responsibility was hers as did not apply for position - Redundancy implemented fairly - Dismissal justified - Administration Supervisor |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Aoraki Corporation Limited v McGavin [1998] 1 ERNZ 601;Coutts Cars Limited v Baguley [2001] ERNZ 60;GN Hale & Son Limited v Wellington Caretakers etc IUOW [1990] 2 NZLR 1079;New Zealand Fasteners Limited v Thwaites [2000] 1 ERNZ 739;NZPSA v Department of Conservation [1991] 1 ERNZ 477;Rolls v Wellington Gas Co. Limited [1998] 3 ERNZ 116;Sides v. Special Education Service [1993] 1 ERNZ 133 |
| Number of Pages | 10 |
| PDF File Link: | wa 6_08.pdf [pdf 36 KB] |