| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 56 |
| Hearing date | 11 Feb 2015 |
| Determination date | 23 February 2015 |
| Member | J Crichton |
| Representation | D Gelb ; L Campbell |
| Location | Auckland |
| Parties | Bourne v Diversey New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – Respondent tried to transfer applicant to different suburb – Respondent declined applicant’s proposal to work mostly at home - Whether applicant resigned – Whether applicant made redundant by attempt to transfer applicant to new suburb |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Applicant’s employment agreement (“EA”) allowed for relocation following consultation. Respondent consulted with applicant regarding relocation. Applicant allowed to comment and respondent considered applicant’s comments. Applicant failed to properly and extensively explore alternative options with respondent regarding change. Respondent entitled to rely on relocation clause in EA. Respondent could not have foreseen that applicant would resign because respondent tried to rely on express clause in EA. Respondent did not breach duty of good faith and repudiate EA. Applicant not forced to resign. No constructive dismissal. Applicant’s job still existed and applicant did not receive written notice in accordance with provisions of EA. Applicant not made redundant. No dismissal |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | AMI Insurance v Kirk [1999] 1 ERNZ 301 (EmpC);Johnson v Salamander Enterprises Ltd NZERA Wellington WA156/09, 29 November 2007;NZ Printing and Related Trades IUOW v Sigma Print Ltd [1979] ACJ 279 (AC);Tuilaepa v Auckland Area Health Board [1992] 2 ERNZ 114 (EmpC) |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Auckland_56.pdf [pdf 166 KB] |