| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 372/09 |
| Hearing date | 19 Oct 2009 |
| Determination date | 27 October 2009 |
| Member | A Dumbleton |
| Representation | R George (in person) ; P Clarke |
| Location | Auckland |
| Parties | George v Computer Transport Services (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy unjustified – Respondent argued redundancy genuine and followed proper procedures – Applicant received four weeks notice for redundancy consistent with employment agreement – Applicant discovered advertisement for new operations manager position two weeks prior to redundancy notice – Applicant claimed advertisement showed respondent predetermined dismissal – Respondent argued advertisement in response to resignation of employee and to assess availability of suitable people if new position created as result of restructure - Respondent’s decision to terminate applicant’s position based on low revenue, need to reduce employees, disestablishment of operations manager position and creation of new organisational structure – Applicant received written warning for poor performance – Applicant claimed warning issued to undermine applicant – Applicant unsuccessfully applied for new operations manager role and declined offer to continue work for further three weeks after notice period ended – Authority found redundancy genuine – Found respondent followed proper procedures by consulting applicant, advising applicant to apply for alternative role and gave notice – Found written warning related to applicant’s poor handling of client’s business therefore not issued to undermine applicant – Found advertisement for new operations manager not evidence of predetermination – Found new position materially different from applicant’s former role as reflected in more senior duties and different remuneration – Dismissal justified – Operations Manager |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 4 |
| PDF File Link: | aa 372_09.pdf [pdf 20 KB] |