| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 21A/10 |
| Hearing date | 20 Jan 2010 |
| Determination date | 12 March 2010 |
| Member | P Cheyne |
| Representation | M O'Brien ; M Quigg |
| Location | Wellington |
| Parties | Manger v South Wairarapa District Council |
| Summary | UNJUSTIFIED DISADVANTAGE – Respondent underwent restructuring and applicant’s position substantially changed as result of new position established – Respondent presented restructuring proposal to staff and asked for submissions – Respondent released decision about restructuring – Applicant not eligible for reconfirmation into new position – Applicant argued no substantial change to position so never applied for new role – Authority found applicant not considered for appointment to new position – Found no further action taken to terminate applicant’s employment for redundancy – Authority rejected applicant’s argument position did not substantially change as result of restructuring – Respondent claimed as result of feedback changes might be made to new role to ensure substantially different from applicant’s position – Applicant claimed respondent did not disclose feedback – Authority rejected argument respondent adjusted restructuring to ensure applicant could not be eligible for reconfirmation – Found no breach in consultation obligations – Applicant claimed respondent failed to properly consider applicant’s tasks at time of restructuring and focused on outdated position description – Found proper consultation based on awareness of applicant’s current tasks – Found respondent did not breach consultation obligations by failing to disclose full job description and results of job sizing prior to announcement of final restructure – Applicant argued restructuring decision did not comply with Local Government Act 2002 – Found no jurisdiction to adjudicate complaint – No unjustified action – Manager, Works and Services |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);Local Government Act 2002 |
| Number of Pages | 7 |
| PDF File Link: | wa 21a_10.pdf [pdf 28 KB] |