| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 519/10 |
| Determination date | 20 December 2010 |
| Member | R Arthur |
| Representation | Forsythe (in person) ; A Lubbe |
| Location | Auckland |
| Parties | Forsythe v ANZ National Bank Ltd |
| Summary | DISPUTE – Whether respondent offered applicant redeployment too late to avoid obligations to pay redundancy compensation – Applicant’s position to be disestablished – Applicant due to go on parental leave – Respondent proposed date for redeployment period to begin – Found respondent made internal inquiries into role suitable for applicant – Applicant did not want to relocate for position in Auckland – Respondent claimed declining redeployment affected entitlement to redundancy compensation – Found respondent failed to consult within time frame – Found respondent’s policy ambiguous as to entitlement to redundancy compensation where redeployment declined – Found offer not put in writing until after time period elapsed – Found respondent unable to offer applicant redeployment to alternative role – Found applicant entitled to redundancy compensation – Found applicant complied with good faith obligations – Found redundancy compensation due and owing – Interest payable – Specialist Trainer |
| Result | Questions answered in favour of applicant ; Redundancy compensation payable ; Interest (5%) ; No order for costs |
| Main Category | Dispute |
| Statutes | ERA s174 |
| Number of Pages | 8 |
| PDF File Link: | aa 519_10.pdf [pdf 39 KB] |