| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 17 |
| Hearing date | 21 - 22 Jun 2012 |
| Determination date | 11 February 2013 |
| Member | A Dumbleton |
| Representation | D Oliver ; T Snell |
| Parties | Brocklehurst v KBM Machine Maintenance Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent changing applicant’s position – Applicant claimed unjustifiably dismissed by respondent – Whether applicant agreed to change position – Whether applicant told respondent to “stick” job – Whether applicant intended to resign after application for permanent residence approved – Applicant interviewed by Police regarding hacking of respondent’s computers – Applicant not involved in hacking of respondent’s computers – BREACH OF CONTRACT – PENALTY – GOOD FAITH – Applicant sought damages for respondent’s breach of employment agreement and penalty for respondent’s breach of good faith duty – Preventative maintenance coordinator |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant consented to change of position tacitly if not expressly and affirmed changes by subsequent conduct. No unjustified disadvantage. Applicant’s dissatisfaction with job and anticipation of obtaining permanent residence led applicant to consider whether to seek alternative employment before applicant’s position changed. Applicant’s resignation not caused by change of applicant’s position. Any breach by respondent not of such seriousness as to make applicant’s resignation foreseeable. No constructive dismissal.;BREACH OF CONTRACT – PENALTY – GOOD FAITH: No breach of contract or breach or good faith duty. No damages. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s4 |
| Cases Cited | Brocklehurst v KBM Machines Ltd unreported, D Asher, 12 April 2010, WA62/10;Brocklehurst v KBM Machine Maintenance Ltd [2011] NZERA Wellington 166 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Wellington_17.pdf [pdf 126 KB] |