| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 246/10 |
| Hearing date | 19 Apr 2010 |
| Determination date | 24 May 2010 |
| Member | R A Monaghan |
| Representation | M Rollo ; C Bradley |
| Location | Tauranga |
| Parties | Gardner v Radioworks Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed dismissal substantively and procedurally unjustified – Respondent argued redundancy for genuine business reasons and applicant advised of redundancy process – Respondent restructured business and proposed to merge applicant’s client list with another employee’s list disestablishing one position – Applicant and other employees received restructuring proposal – Respondent advised applicants for new positions would be sought internally and externally – Advised affected employees not appointed to new position would be made redundant – Advised new positions of higher responsibility and autonomy than existing positions - Applicant affected employee and applied for new positions – Applicant interviewed for position and questions directed towards applicant’s ability to handle new position – Applicant ultimately unsuccessful as respondent concluded another candidate more suitable – Applicant terminated for redundancy – Authority found merged list and restructure justified for genuine business reasons – Found new positions more senior than applicant’s previous position – Found respondent fairly chose another candidate as more suitable – Found redundancy procedurally justified as applicant notified position more senior and process that would follow if not appointed to new position – Found applicant did not enquire about new positions during consultation process – Dismissal justified – Sales Consultant |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 |
| Cases Cited | Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 6 |
| PDF File Link: | aa 246_10.pdf [pdf 24 KB] |