| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 87/02 |
| Hearing date | 25 Feb 2002 |
| Determination date | 03 April 2002 |
| Member | J Wilson |
| Representation | S Jackson ; R Harrison |
| Location | Auckland |
| Parties | Flavell v Waiariki Institute of Technology |
| Summary | UNJUSTIFIED DISMISSAL - Redundancy - Genuine redundancy - Restructuring - Other employee reconfirmed in similar position - Whether new position established - Would have required advertising - Degree of change - Whether could have unilaterally required applicant to undertake position without agreement - Reviewed positions - Decided substantially similar - Objectively considered information - Decision to reconfirm employee open to fair and reasonable employer - Process was fair and reasonable - No evidence of discrimination in employment - Dean |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Carter Holt Harvey Ltd v Wallis [1998] 3 ERNZ 984;Coutts Cars Ltd v Baguley [2001] ERNZ 660;New Zealand Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739;van Etten v The Board of Trustees of John Paul College unreported, Travis J, 3 April 2000, AC 20/00;Wilkinson v Wairarapa Crown Health Enterprise Ltd [1999] 2 ERNZ 133 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |