| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 289/02 |
| Hearing date | 2 Jul 2002 - 3 Jul 2002 (2 days) |
| Determination date | 26 September 2002 |
| Member | T Woods |
| Representation | H Fulton ; R Towner |
| Location | Auckland |
| Parties | Kelly v New Zealand Dairy Foods Pty Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether unilateral variation of contract resulted in redundancy - Alleged failure by respondent to accept position was redundant - Resigned after change of computer system - Applicant qualified and trained for existing system - Alleged use of existing system was fundamental term of employment agreement - Whether applicant had duty to familiarise himself with new system - Type of system was fundamental to employment agreement - Change made applicant's core work redundant - Significant change in position - Redundancy situation - Resignation did not pre-empt redundancy - Constructive dismissal established - Remedies - Entitled to redundancy compensation as lost benefit - Technical supervisor |
| Result | Application granted ; Reimbursement of lost wages (Quantum reserved) ; Reimbursement of lost benefit ($15,675.66)(Redundancy compensation) ; Costs reserved |
| Cases Cited | GN Hale & Son Ltd v Wellington etc Caretakers etc IUOW [1990] 2 NZILR 1079; [1991] 1 NZLR 151 |
| Number of Pages | 10 |
| PDF File Link: | aa 289_02.pdf [pdf 70 KB] |