| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 362 |
| Hearing date | 22-Sep-16 |
| Determination date | 04 November 2016 |
| Member | R Arthur |
| Representation | G Bennett ; M Robins |
| Location | Auckland |
| Parties | Davidson v Great Barrier Airlines Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Logistics and security manager |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Applicant resigned due to concerns over proposed changes to job. Respondent did not conduct itself in manner likely to destroy relationship of trust and confidence. Respondent requested applicant’s feedback on proposal but applicant did not participate. Change had also not actually been made at time of resignation. Respondent still intended for applicant to carry out duties and tasks associated with security manager role. Respondent did not breach duties owed to applicant in way alleged. No dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(b) ; ERA s4(1A)(c) ; ERA s124 ; ERA s134A ; ERA s174E |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers Industrial Union of Workers Inc [1994] 2 NZLR 415 (CA) ; Fagotti v Acme Ltd [2015] NZEmpC 135, (2015) NZELR 1 ; PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC) ; Rankin v Attorney-General (No 2) [2001] ERNZ 476 (EmpC) |
| Number of Pages | 14 |
| PDF File Link: | 2016_NZERA_Auckland_362_amended.pdf [pdf 206 KB] |