| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 65 |
| Hearing date | 17 Dec 2013 |
| Determination date | 25 February 2014 |
| Member | J Crichton |
| Representation | H Fulton ; C Rowe |
| Location | Auckland |
| Parties | Cunliffe v Warkworth Golf Club Inc |
| Summary | UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant offered new position after restructure - Whether parties employment agreement (EA") required applicant work weekends - Applicant claimed respondent became truculent and aggressive - Applicant refused to work weekends and resigned - COUNTERCLAIM - GOOD FAITH - Respondent claimed applicant breached duty of good faith by failing to perform weekend work - Customer Service Supervisor" |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: EA allowed modification of duties and roster following agreement with respondent. Clause silent as to what happen when no agreement. Respondent's claim Saturdays most important shift not reflected in clear provisions of EA. EA did not provide expectation for applicant to work Saturdays. Applicant entitled to continue working original hours unless agreement about new hours. Nothing improper about parties negotiating with each other. Resignation not foreseeable. Applicant not constructively dismissed but resigned because fed up with difficulties about reaching conclusion on hours. Applicant entitled to continue working agreed hours and would have been able to do this if applicant did not resign. No dismissal.;COUNTERCLAIM - GOOD FAITH: Respondent mistaken in view that EA allowed respondent to demand applicant to work weekends. Respondent's fault applicant not required to work weekends as respondent drafted EA. No breach of good faith. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers Industrial Union Of Workers (Inc) [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136 ; [1985] 2 NZLR 372;Wellington Clerical IUW v Greenwich (1983) ERNZ Sel Cas 95;Woods v WM Car Services (Peterborough) Ltd [1982] ICR 693 |
| Number of Pages | 16 |
| PDF File Link: | 2014_NZERA_Auckland_65.pdf [pdf 259 KB] |