| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 139 |
| Hearing date | 19/05/2016 |
| Determination date | 22 August 2016 |
| Member | Peter van Keulen |
| Representation | P Shaw; R Thompson |
| Location | Christchurch |
| Parties | Lagan v Diane Astle Realty Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Property manager |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Respondent did not give applicant choice of resigning or being dismissed. Reasonable for respondent to have more control of applicant’s hours and work given concerns. Respondent trying to manage and control applicant’s work from service and costs perspective. Respondent did not undertake course of conduct with deliberate and dominant purpose of coercing applicant to resign. Respondent’s unilateral imposition of maximum work hours unjustified action. Respondent should have consulted more effectively with applicant before decision. Respondent’s actions amounted to repudiatory breach and reasonably foreseeable that applicant would resign. Applicant’s resignation not in response to breach. Applicant accepted and affirmed breach before resignation. No dismissal. |
| Result | Application 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] 2 NZLR 415 (CA) ; Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA) ; Premier Events Group Ltd v Beattie [2014] NZEmpC 231 |
| Number of Pages | 11 |
| PDF File Link: | 2016_NZERA_Christchurch_139.pdf [pdf 125 KB] |