| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 449/09 |
| Hearing date | 19 Nov 2009 |
| Determination date | 14 December 2009 |
| Member | Y S Oldfield |
| Representation | N Wang (in person) ; R Fraser |
| Location | Auckland |
| Parties | Wang v Hamilton Multicultural Services Trust |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant’s employment terminated because position surplus due to restructuring – Applicant invited to apply for position of finance manager but chose not to – Applicant claimed redundancy sham and finance manager position simply old job by another name – Applicant argued problems in relationship with director real reason for dismissal – Applicant claimed redundancy process also defective – Issues arose around applicant’s workload and ability to meet deadlines – Negotiations on job description failed – Proposal to restructure – Applicant provided feedback on restructure proposal and argued proposed finance manager role almost the same as current role as existed in practice – Respondent claimed finance manager role significantly different from applicant’s job and could not simply offer applicant position – Respondent considered other options for redeployment but no positions suitable – Applicant argued should have had input into restructure proposal from much earlier stage and should have been allowed to participate in consideration of redeployment opportunities – Applicant did not apply for finance manager job because did not think redundancy genuine – Authority found shortcomings in process – Found new structure required to remedy problems in accounting services – Found redundancy genuine – Found finance manager role substantially different from old position – Found respondent acted properly in advertising finance manager position – Found applicant protected from prejudice as result of complaints because long history with organisation – Dismissal unjustified – REMEDIES – Applicant unable to find work as migrant in tight labour market – Found applicant entitled to compensation for minor process failings – Financial administrator |
| Result | Application granted ; Compensation for humiliation etc ($1,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 10 |
| PDF File Link: | aa 449_09.pdf [pdf 29 KB] |