| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 14 |
| Hearing date | 22 Jan 2014 |
| Determination date | 05 February 2014 |
| Member | P R Stapp |
| Representation | P Hunt ; G Tayler |
| Location | Napier |
| Parties | Smith v Davies Waste Solutions Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably disadvantaged by having to make own travel arrangements and unjustifiably dismissed by respondent - Applicant claimed more out of town work and weekend work than led to believe - Misrepresentation - Whether applicant resigned - Whether applicant entered new agreement to work two days only or whether continuation of previous employment - Whether respondent required to make travel arrangements for applicant to return home - Driller operator |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: No new arrangement but continuation of employment. No certainty applicant resigned with effect of earlier date as applicant agreed to work further two days. No clear travel arrangement with new terms entered. Respondent would have had obligation to make travel arrangements under continuing employment agreement but applicant left before respondent had opportunity to make arrangements without notice. Applicant returned home for personal reasons. Terms of agreement provided for work in other locations and flexible hours including weekend work. Misrepresentation unlikely. No unjustified disadvantage. No unjustified dismissal. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Wellington_14.pdf [pdf 119 KB] |