| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 406 |
| Hearing date | 20 Aug 2013 |
| Determination date | 06 September 2013 |
| Member | A Fitzgibbon |
| Representation | G Froggatt ; D Gould |
| Parties | Jackson v Transportation Auckland Corporation Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably disadvantaged by respondent altering duties without consultation and unjustifiably dismissed by respondent - Rescheduling of bus services - Applicant’s driving route altered - Applicant did not reapply for role and did not report to work - Bus Driver |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Respondent consulted with applicant regarding changes to duties as required by collective agreement. No unjustified disadvantage. Applicant did not reapply for new duties as did not wish to jeopardise personal grievance claim and although given opportunity provided no feedback on proposed new schedule. Applicant terminated employment relationship when made decision not to return to work. Applicant abandoned employment. No dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Auckland_406.pdf [pdf 188 KB] |