| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 94/02 |
| Hearing date | 17 Sep 2002 - 18 Sep 2002 (2 days) |
| Determination date | 26 September 2002 |
| Member | D Asher |
| Representation | T Wilton ; I Matheson |
| Location | Wellington |
| Parties | Armstrong v MCK Metals Pacific - A Division of MCK Group Ltd |
| Other Parties | Houkamau-Hall |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Restructuring - Positions disestablished - Collective employment agreement allowed for transfer instead of redundancy - Required transfer to position no less favourable - Applicants refused to accept new positions - Resigned after refused redundancy - First applicant alleged new position boring and unsatisfactory - Not entitled to refuse position on subjective ground - Second applicant alleged new position was detrimental to physical health - Alleged suffered back pain and asthma - Respondent undertook medical examination - No evidence position unsuitable - Applicants not entitled to refuse positions - No constructive dismissal - Process workers |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Carter Holt Harvey Ltd v Wallis [1998] 3 ERNZ 984;Pilgrim v Director-General New Zealand Department of Health [1992] 3 ERNZ 190 |
| Number of Pages | 14 |
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