The ERA
said that restructuring within the Department was genuine, and the decision to
disestablish the employee’s position was unrelated to his performance or
behaviour.
The ERA
held that the employee was given the opportunity to provide feedback on the
restructuring and reassignment, and that the feedback was given consideration
before the decision was made and finalised. The ERA found that the Department had
acted in good faith by including a preliminary result and by looking into employment
protection.
Alan
Knowsley
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