| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 38 |
| Hearing date | 8 Dec 2010 - 9 Dec 2010 (2 days) |
| Determination date | 08 March 2011 |
| Member | G J Wood |
| Representation | I Parr ; N Lucie-Smith |
| Location | Wellington |
| Parties | Parr v Chief of Defence Force |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent – Applicant claimed respondent failed to treat applicant fairly during course of relocation of workplace and failed to declare applicant redundant – 34 years service – Respondent planned to relocate – Respondent accepted relocation constituted restructuring under collective employment agreement – Consultation occurred with Public Service Association (“PSA”) about recompense for affected staff – Agreement reached for staff to be paid public transport fares plus four days special leave in lieu of travel time – Respondent refused to consider redundancy on case by case basis – Applicant sought redundancy as expected to be moving – Applicant believed not bound by PSA agreement – Applicant claimed could stay at previous premises as spare desk there and did not need to move with colleagues – Authority found for respondent to determine how to utilise resources – Applicant claimed entitled to travelling time rather than extra leave – Found applicant missed vehicle sent to collect staff from station and late to work – Respondent warned disciplinary action could result – Found no disadvantage as job not at risk – Applicant resigned following sale of house – Found position remained open for some time as respondent found impossible to replace applicant indicating respondent wished to retain applicant – Found applicant bound by PSA agreement – Found consultation with PSA and applicant adequate – Found process adopted by respondent to relocate staff within employer’s powers – Found applicant treated fairly as individual and member of PSA – Found move constituted restructuring – Found job same, location simply changed – Found reassignment by relocation implemented before redundancy considered – Found for position to be disestablished a position must not meet requirements for redeployment by relocation – Found location still in same local area even though one way travelling time to new location more than 30 minutes – Found issue of reasonable commuting distance important – Found nothing in applicant’s personal circumstances meant applicant could not reasonably be expected to commute – No disadvantage – Business Analyst |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Johnson v Salamander Enterprises Ltd unreported, G Wood, 29 Nov 2007, WA 156/07 |
| Number of Pages | 13 |
| PDF File Link: | 2011_NZERA_Wellington_38.pdf [pdf 45 KB] |