| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 235 |
| Hearing date | 10 Apr 2014 |
| Determination date | 16 June 2014 |
| Member | P R Stapp |
| Representation | J Dewar ; S Scott |
| Location | Hamilton |
| Parties | Dolling v Te Rapa Wholesale Cars 2009 Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant demoted following altercation with fellow employee - Swearing - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Business manager / sales manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent's managing director held meeting with employees involved in altercation and genuinely believed solution found. Applicant's remuneration and terms and conditions of employment unchanged. Applicant's role not changed. Applicant may have had genuine feelings of being alienated and ostracised but feelings had to be considered in context of how respondent's managing director saw situation from different point of view. Applicant's resignation not foreseeable given suddenness of resignation, no issue formalised in writing regarding change in role and managing director reached genuine conclusion some solution reached between applicant and other employee. Applicant's resignation not linked to any breach by respondent in regard to terms and conditions of employment. No constructive dismissal.;ARREARS OF WAGES AND HOLIDAY PAY: Applicant's arrears of wages and holiday pay claim appeared to be settled. Leave reserved for parties to return to Authority if any issue arose. |
| Result | Application dismissal (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s64(4) |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Auckland_235.pdf [pdf 110 KB] |