| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 198/09 |
| Hearing date | 5 May 2009 |
| Determination date | 22 June 2009 |
| Member | M Urlich |
| Representation | M Nutsford ; J Bockett |
| Location | Auckland |
| Parties | Hamlin v Jennian Sevices Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed disestablishment of position not genuine – Claimed predetermination because respondent offered another employee (“K”) position in new structure before consulted with applicant – Respondent argued followed proper procedures – Argued discussion with K regarded recruitment and reference to whether K should apply was “tongue in cheek” - Applicant’s position disestablished and two new positions created – Applicant provided with information on new positions however made no applications – Authority found redundancy genuine as creation of two different roles eliminated need for applicant’s position - Found no predetermination – Found inconclusive whether applicant would have been deployed when applicant showed no interest in alternative positions – Found no deployment clause in employment agreement therefore no contractual right to reappointment – Technical Service Manager |
| Result | Application dismissed ; Costs dismissed |
| Main Category | Personal Grievance |
| Cases Cited | Simpson Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 5 |
| PDF File Link: | aa 198_09.pdf [pdf 18 KB] |