Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 59/02
Determination date 07 March 2002
Member R A Monaghan
Representation A Sharp ; J Rooney
Location Auckland
Parties Philpott v State Insurance Ltd
Summary UNJUSTIFIED DISMISSAL - Redundancy - Company-wide restructuring - Selection criteria and process - Alleged failure to consult about criteria - Alleged failure to advise what selection criteria were - Told to make your case for a position" - Presentation and interview process - No evidence of predetermination - Approach not entirely subjective - Failure to disclose criteria not fatal - Familiar with background to restructuring - Told of purpose of presentation - No obligation to consult as to selection criteria - Within managerial prerogative - Dismissal justified - Loss adjuster"
Result Application dismissed ; Costs reserved
Cases Cited Coutts Cars Ltd v Baguley [2001] ERNZ 660;Dunn v Methanex New Zealand Ltd [1996] 2 ERNZ 222
Number of Pages 8
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