| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 106 |
| Hearing date | 14 Apr 2011 |
| Determination date | 17 June 2011 |
| Member | P R Stapp |
| Representation | M E Gould ; A Russell |
| Location | Wellington |
| Parties | Ward v Downer EDI Engineering Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent while on secondment – Respondent claimed applicant not on secondment when made redundant but was permanent employee – Applicant approached about position in design team after unsuccessfully applying previously for position – Applicant agreed to take on position – No change of terms and conditions or employment agreement put in place – Applicant never raised whether on secondment during restructuring – Applicant’s previous position filled on permanent basis – Applicant’s position chosen for redundancy – Applicant claimed not told of redundancy criteria – Respondent claimed headings not revealed to anyone involved – Interviews conducted by panel and scores tallied at end – Applicant had lowest score – Two options for other roles put to applicant but declined – Applicant given four weeks’ notice of redundancy – Authority found applicant’s role changed to designer – Found applicant not on secondment – Found genuine commercial reasons for redundancy – Found respondent consulted and provided opportunity for feedback because decision made – Found respondent did not act as fair and reasonable employer when it did not disclose selection criteria – Found not enough for employer to rely on employee to presume format of selection criteria – Found closeness in scoring between lowest two ranked employees may have made difference if affected employees had all information regarding selection – Found respondent treated applicant as designer as that was position held – Found options for deployment considered by respondent but declined by applicant – Redundancy genuine – Dismissal unjustified – REMEDIES – No contributory conduct – Reinstatement not practicable because no position for applicant – Found no reimbursement of lost wages due to genuine redundancy - $3,000 compensation appropriate - Designer |
| Result | Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Wellington_106.pdf [pdf 22 KB] |