| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 45 |
| Hearing date | 18 Mar 2011 |
| Determination date | 21 March 2011 |
| Member | P R Stapp |
| Representation | ME Gould ; A Russell |
| Location | Wellington |
| Parties | Ward v Downer EDI Engineering Ltd |
| Summary | INJUNCTION - Application for interim reinstatement - Applicant claimed dismissal for redundancy unjustified and sought interim reinstatement - Applicant initially employed as draughtsperson - Applicant subsequently moved to designer role - Dispute between parties as to nature of role with applicant claiming was temporary secondment and respondent claiming was permanent move - Due to expected increase in work not eventuating respondent decided to reduce number of designers - Following restructuring process applicant made redundant - Authority found applicant had arguable case - Found were process issues relating to restructuring that required scrutiny - Issues included whether had been consultation over selection criteria and reasons for applicant’s selection - Whether if had not been consultation outcome would have been different - Whether had been any defects in process - Whether all relevant circumstances were taken into account - Whether situation affected by applicant’s claims not enough attention given to placement elsewhere as draughtsman and that design position only temporary - However, possible procedural faults might not be enough to make reinstatement probable given appeared to be genuine redundancy situation - Authority found balance of convenience favoured applicant - Found applicant had right to work; would not receive any wages from respondent from specified date; applicant did not have any other income; and respondent provided insufficient evidence about what actions would result from applicant’s reinstatement - Authority found overall justice favoured respondent - Authority not convinced evidence showed any defects in process would mean procedure would be found to be fatally flawed - Found that impacted on applicant’s claim for reinstatement and meant reinstatement not reasonably predictable outcome - Interim reinstatement application dismissed |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s103A |
| Number of Pages | 10 |
| PDF File Link: | 2011_NZERA_Wellington_45.pdf [pdf 33 KB] |