| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 423 |
| Hearing date | 20 Aug 2013 |
| Determination date | 18 September 2013 |
| Member | J Crichton |
| Representation | G Bennett ; M Broadbelt |
| Location | Whangarei |
| Parties | Phillips v Croft Pole Distributors Ltd |
| Summary | UNJUSTIFED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant promoted – Respondent engaged in consultation to change shift pattern and made clear current shift pattern unlikely to remain – Applicant sought to resign as supervisor and continue as day shift operator – Whether applicant’s resignation unconditional – Whether applicant misused authority by requiring other staff to work applicant’s night shifts – Supervisor |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant’s resignation conditional as sought to remain employed and not work nights. Applicant employed as supervisor. No vacancy for day shift operator. Respondent sought to change roster fundamentally so that no employees would only work days or nights. Applicant aware of changes to roster. Respondent could not accept conditions imposed by applicant and entitled to treat applicant’s resignation as unconditional. Respondent entered extensive consultation with applicant, properly investigated whether alternative positions within workplace and gave applicant opportunity to seek advice. Respondent justified in not accepting applicant back into workforce on terms and conditions that would disadvantage other employees or business. Respondent entitled to accept applicant’s resignation. No dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Auckland_423.pdf [pdf 173 KB] |