| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 92/03 |
| Hearing date | 5 Aug 2003 - 6 Aug 2003 (2 days) |
| Determination date | 17 September 2003 |
| Member | P Cheyne |
| Representation | R Webster ; A Caisley |
| Location | Christchurch |
| Parties | Webster v W & H Print Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged unilateral variation of employment agreement - Alleged course of conduct to coerce resignation - Alleged abuse - Whether position significantly altered from original agreement - No evidence position significantly altered - Minor changes did not amount to sufficiently foreseeable breaches - Appointment of manager to oversee applicant did not breach duty owed - No plan to reduce applicants' role - Future conduct could not be causative of resignation - Resigned not dismissed - General manager |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168; [1994] 2 NZLR 415;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 ; [1985] 2 NZLR 372;Business Distributors Ltd v Patel [2001] ERNZ 124;Harrod v DMG World Media (NZ) Ltd [2002] 2 ERNZ 410;NZ Amalgamated Engineering etc IUOW v Ritchies Transport Holdings Ltd [1991] 2 ERNZ 267;NZ Woollen Workers IUOW v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |