| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 452/09 |
| Hearing date | 25 Nov 2009 |
| Determination date | 16 December 2009 |
| Member | K J Anderson |
| Representation | S Scott, A Singh ; D France |
| Location | Hamilton |
| Parties | Hobson v University of Waikato |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed respondent failed to apply fair and reasonable selection criteria – Respondent argued criteria fairly applied to all candidates – No dispute regarding genuineness of redundancy – Applicant notified of intended disestablishment of position – Interviews held with candidates to decide which position would be made redundant – Interviews were 20 minutes, candidates asked identical questions, and scored for their responses – Applicant scored lowest by mere margin and made redundant – Applicant claimed respondent did not ensure all candidates held or met essential requirements – Respondent argued all candidates scored well, however, respondent fell short in regard to communication skills – Authority found respondent had sufficient knowledge of candidates’ essential skills and abilities to arrive at fair decision – Found respondent applied genuine and fair selection criteria – Dismissal justified – Carpenter |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | McEnaney v Telecom New Zealand Ltd unreported, J M Goldstein, 10 Oct 1994, CT 172/94;Simpson Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 5 |
| PDF File Link: | aa 452_09.pdf [pdf 17 KB] |