| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 2 |
| Hearing date | 21 Oct 2010 - 25 Nov 2010 (2 days) |
| Determination date | 10 January 2011 |
| Member | D Asher |
| Representation | B Buckett ; D Traylor |
| Location | Wellington |
| Parties | French v Accident Compensation Corporation |
| Summary | DISPUTE - UNJUSTIFIED DISADVANTAGE – Redundancy – Applicant advised as result of legislative changes, position being disestablished, and would have opportunity to apply for role within internal group (“C”) – Applicant applied for and appointed to position with C – Subsequently applicant advised due to further legislative changes, C being rolled back into respondent – C wholly owned subsidiary of respondent – C advised applicant of proposed restructuring – Applicant advised position would report to manager rather than chief executive – Subsequently applicant referred to occupational physician who reported applicant presented with sudden onset of psychological distress – Applicant’s final submissions stated matters to be determined whether applicant covered by individual employment agreement (“IEA”) or collective employment agreement (“CEA”) and whether secondment agreement came to end – Respondent argued following restructuring process, applicant’s reporting line changed – Argued no breach of contract, good faith, or disparity of treatment – Authority found applicant’s position one held before restructuring – Authority rejected argument that reversal of restructuring decision proof applicant’s position ceased to exist causing disadvantage – Found no evidence restructuring a sham – Found respondent acceded to applicant’s concerns about loss of previous position and restored previous position in entirety – Authority found applicant’s position covered by IEA and not by CEA – Found secondment agreement had not come to an end – Found no unjustified disadvantage – Consultant |
| Result | Application dismissed (Disadvantage) ; Orders accordingly ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Accident Compensation Act 2001;ERA s56;ERA s61(2);ERA s159 |
| Number of Pages | 12 |
| PDF File Link: | 2011_NZERA_Wellington_2.pdf [pdf 39 KB] |