| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 253/03 |
| Hearing date | 29 May 2003 |
| Determination date | 20 August 2003 |
| Member | R A Monaghan |
| Representation | L Robinson ; A Sherriff |
| Location | Auckland |
| Parties | Offringa v Department for Courts |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Declarations sought - Restructuring - Fixed term contract for 2 year term while restructuring occurred - To be appointed to similar position at end of term - Where similar position offered no entitlement to compensation or other alternative - Resigned at end of fixed term - Other position offered - Position not dissimilar to fixed term position - No constructive dismissal - No obligation to pay redundancy compensation - Declarations declined - Breach of contract - No opportunity to discuss appropriate solution before offered other position - Support services manager |
| Result | Application dismissed ; Remedies reserved (Breach of contract) ; Costs reserved |
| Cases Cited | Canterbury Clerical Workers IUOW v Radio Avon Ltd [1984] ACJ 563;Group Rentals NZ Ltd v Canterbury Clerical Workers IUOW [1987] NZILR 255 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |