| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 459/09 |
| Hearing date | 26 Feb 2009 - 9 Apr 2009 (2 days) |
| Determination date | 18 December 2009 |
| Member | M Urlich |
| Representation | P Shepherd (Applicant in person) ; No appearance |
| Location | Auckland |
| Parties | Shepherd v Steelserv Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed demotion and failure to consult about changes to employment agreement (“EA”) during business restructuring caused disadvantage – Respondent argued no demotion and followed proper procedures – No dispute applicant’s EA changed due to restructuring – Interim structure in place during restructuring process – Applicant sent two letters advising unhappy with interim structure however would continue to work in good faith until final structure decided – Letter advised wished to be made redundant if not appointed to original position with original reporting lines - Restructuring changed applicant’s original reporting line without prior consultation – Applicant raised grievance - Authority found applicant not made redundant by new structure – Found while respondent discussed with applicant interim structure, respondent did not consult with applicant about decision to confirm interim structure as permanent structure – Found failure to consult applicant on permanent change to EA caused disadvantage - Unjustified disadvantage – REMEDIES – No contributory damages – No lost wages awarded - $3,000 compensation appropriate – Operations Manager |
| Result | Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1);ERA s4(4)(c);ERA s103A;ERA s124 |
| Cases Cited | Wellington International Airport Ltd v Air New Zealand [1993] 1 NZLR 691 (CA) |
| Number of Pages | 15 |
| PDF File Link: | aa 459_09.pdf [pdf 36 KB] |