| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 46 |
| Hearing date | 19 Sep 2011 |
| Determination date | 20 April 2012 |
| Member | P R Stapp |
| Representation | B Kellerman ; P Butler |
| Location | Wellington |
| Parties | Kellerman v Trade Staff Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably dismissed by respondent – Applicant employed on casual basis – Applicant assigned to respondent’s client (“C”) to cover while C’s employee on leave – Role required forklift licence – Applicant’s forklift licence expired – Respondent denied applicant told respondent previously that licence expired – Applicant claimed offered C licence but C did not scrutinise because ensuring valid licence responsibility of respondent – Respondent became aware applicant’s licence expired and informed C – Applicant worked remainder of assignment without forklift duties – Applicant claimed constructively dismissed – Authority found applicant did not resign – Found no breach by respondent serious enough to make it foreseeable that applicant would resign – Found no constructive dismissal – Found Authority able to consider whether facts showed applicant unjustifiably disadvantaged – Found assignment with C ended for genuine reasons – Found no obligation on respondent to pay for applicant’s licence renewal – Found respondent not responsible for applicant’s failure to inform C licence expired – Found even if applicant informed respondent licence expired, respondent’s inaction justified because expired licence not reason assignment with C terminated – Found casual nature of employment meant applicant had no expectation of on-going employment – Found no unjustified disadvantage |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s122 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Wellington_46.pdf [pdf 24 KB] |