He said Mr Estcourt was advised his position would be disestablished, and was then given the opportunity to apply for another position, which was referred to as an equivalent position.
The council was represented by lawyer Jol Bates. Yesterday he confirmed Mr Estcourt was informed on July 29 that unless other redeployment opportunities for him were not found his employment at the council would end by way of redundancy.
Mr Estcourt sought to accept redundancy shortly after the announcement his position would be disestablished under the new structure came into effect, Mr Bates said.
He said Mr Estcourt was informed by his manager Jon Kingsford that the council had not confirmed redeployment opportunities, and that Mr Estcourt was asked to acknowledge through a signed statement that he was not interested in applying for any of these positions.
Mr Bates told Hawke's Bay Today the council had made Mr Estcourt an offer for a new position in the new structure. They considered it to be one which was an equivalent alternative position on terms no less favourable including the same salary and grading, he said.
However Mr Calver said their case was this role was "by no means an equivalent position", and that its status in the organisation was not equivalent.
Mr Calver said they felt the offer made was made with the intention of disentitling him to the redundancy compensation which was due.
The council rejected what redundancy Mr Estcourt's lawyer thought his client was entitled to, Mr Bates said, as in the council's view the claim for redundancy compensation was premature.
In their view, he was offered a position considered by council "to be an alternative equivalent position on terms no less favourable".
Mr Bates said further submissions would be made before a decision was released.
According to his Linkedin account, Mr Estcourt has been working at the Hastings District Council as a special projects engineer since October.