| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 184 |
| Hearing date | 11 & 12 May 2016 (2 days) |
| Determination date | 09 June 2016 |
| Member | Eleanor Robinson |
| Representation | W Reid ; D Jacobson |
| Location | Tauranga |
| Parties | Jones v Steve's Plumbing & Gas Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed constructively dismissed by respondent – Office manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent did not mislead applicant with role requirements. Respondent made performance concerns clear and undertook duties to alleviate applicant’s workload. No breach of good faith in commencing formal performance improvement process. Applicant’s advocate not constructive to employment relationship when discussing performance concern and set pattern for future communication. Applicant reaffirmed employment by returning to work and unable to raise constructive dismissal claim based on prior perceived breaches of duty. Respondent acted as fair and reasonable employer. Applicant’s actions not active and constructive in maintaining productive employment relationship. Applicant voluntarily resigned. No constructive dismissal. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1);ERA s4(1A);ERA s4(1A)(b) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers Industrial Union Of Workers (Inc) [1994] 2 NZLR 415 (CA), [1994] 1 ERNZ 168;Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);New Zealand Baking Trades Employees Union (Inc) v Foodtown Supermarkets Ltd |
| Number of Pages | 24 |
| PDF File Link: | 2016_NZERA_Auckland_184.pdf [pdf 271 KB] |