| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 214/10 |
| Hearing date | 9 Mar 2010 |
| Determination date | 06 May 2010 |
| Member | L Robinson |
| Representation | J Marurai (Applicant in person) ; D France |
| Location | Auckland |
| Parties | Marurai v Carter Holt Harvey Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy unjustified as prejudicially motivated – Respondent argued redundancy for genuine business reasons therefore justified – Applicant’s fixed term position disestablished as respondent restructured business to reinstate Supply Chain Manager position – Respondent argued restructure to centralise Supply Chain responsibilities – Argued did not need applicant’s role as would be duplicating Supply Chain position – Applicant claimed respondent disestablished applicant’s position in preference of former employee – Claimed respondent used false performance issues to dismiss applicant – Claimed no material difference between applicant’s position and Supply Chain position – Authority found respondent entitled to restructure to meet business objectives – Found applicant’s claim unproven – Found redundancy process fair – Found applicant did not apply for Supply Chain role therefore respondent could not select applicant – Dismissal justified – Procurement Manager |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 7 |
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