| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 55 |
| Hearing date | 1 Dec 2011 |
| Determination date | 02 April 2012 |
| Member | P Cheyne |
| Representation | T Lawrence ; D Jackson |
| Location | Oamaru |
| Parties | Pillidge & Anor v Byrne & Anor |
| Other Parties | Young ; Byrne |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicants claimed unjustifiably dismissed by respondents – Applicants' employment agreements (“EA”) stated fixed terms ended when milking season ended – Applicants’ employment continued for next two seasons after first milking season ended but no further EA prepared or signed – First applicant (“D”) claimed saw first respondent (“P”) yelling at second applicant (“V”) until V left milking shed crying and D decided to leave shed as well – P told D was going but did not mention resignation – V claimed P yelled and accused V of agitating cows until V could not take it anymore and left shed – V told P would not return to work when left - V claimed P followed V to car and told V to return to shed – V claimed refused and told P had had enough – P claimed V upset and angry when spoke to V about cows and followed V to car in attempt to calm V down – P claimed D said would return to work next day – Authority found D did not make resignation clear at time but V later told P applicants were resigning – P attempted unsuccessfully to contact D about returning to work – P paid applicants final wages and holiday pay – Found no evidence P coerced applicants into resigning – Applicants claimed repeatedly told P if did not start treating applicants better would have to take further action - Applicants claimed P attempted to change EAs after dispute about applicants’ holiday entitlements – Found even if P changed EAs still complied with legal obligations – Authority accepted V’s evidence when cows were placed in wrong paddock P shouted and swore at V but did not accept V intimidated by P’s conduct – Found D’s resignation not caused by respondents’ breach of duty – No dismissal of D – Found V could not rely on earlier incidents as contributing to constructive dismissal as too much time had elapsed – Found P instructing V not to agitate cows was not causative of V’s resignation – Found V’s resignation not caused by respondents’ breach of duty – No dismissal of V - Milkers |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers’ Industrial Union Of Workers Inc [1994] 1 ERNZ 168;Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 |
| Number of Pages | 10 |
| PDF File Link: | 2012_NZERA_Christchurch_55.pdf [pdf 49 KB] |