| Summary |
UNJUSTIFIED DISMISSAL - Redundancy - Applicant advised position disestablished following restructure - Applicant unsuccessful in applying for new positions - Following failed discussions regarding redeployment applicant’s employment terminated for redundancy - Applicant claimed dismissal unjustified as one of new positions essentially applicant’s position, not seriously considered for appointment to new position, and no genuine attempt at redeployment - Temporary employee (“S”) appointed to position - Authority found new position not same as applicant's old position - Sufficient differences to support view old position disestablished and new position created - Under terms of collective employment agreement (“CEA”) applicant genuinely redundant employee as employment terminated as surplus to existing requirements by reorganisation of respondent’s operations - Authority did not accept respondent’s position that fact applicant was permanent employee, with number of years service, and would likely be made redundant if S appointed to position, was not major consideration - Found respondent had obligations to applicant under CEA did not have towards S - Authority found fair and reasonable employer would have given much more weight to applicant’s permanent status and years of service than respondent did - Found applicant clearly could do job - Found respondent chose to assume, based on one interview and assessment of past performance that applicant could not, with supervision, improve performance and make changes required - Authority found actions of respondent in not appointing applicant were not actions of fair and reasonable employer in all circumstances - Applicant had personal grievance in that regard - Authority found respondent made reasonable efforts to redeploy applicant - Remedies - No contributory conduct - Found applicant made extensive efforts to mitigate loss - Applicant received equivalent of five months salary, including four weeks salary in lieu of notice as redundancy compensation - Found while redundancy compensation went some way to offsetting applicant’s losses fell somewhat short of what was appropriate - Applicant entitled to recover equivalent of seven months wages, less any redundancy compensation already paid and any wages received from other employment during that period - Applicant surprised and humiliated by redundancy - Suffered financial and emotional distress - Compensation of $3,000 appropriate - Theatre Assistant/Clerk |