| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 36/02 |
| Hearing date | 28 Nov 2001 - 29 Nov 2001 (2 days) |
| Determination date | 21 February 2002 |
| Member | R A Monaghan |
| Representation | C Patterson ; H Thorpe |
| Location | Auckland |
| Parties | Crilly v Vending Technologies Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Respondents' change in focus resulted in changes to applicant's position - Whether promotion offered then withdrawn - No offer of promotion - Applicant not demoted - Concerns raised about applicant's performance - Threat of warning during genuine conversation about dissatisfaction with performance not unjustified disadvantage - Alleged unlawfully discriminated against on ground of family status - No discrimination - Resigned on belief his position was advertised - Mistaken belief - Not applicant's position - Should have asked respondent to explain - Evidence did not support applicant's interpretation of events - Change in focus could have been better implemented - No unjustified dismissal - OTHER MONIES - Sought costs incurred relocating - Claim dismissed - Counterclaim - Applicant was advanced $16,000 to assist with relocation - Applicant ordered to pay second respondent $2,382 |
| Result | Application dismissed ; Counterclaim granted ($2,381.97)(Advance made to applicant) ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial Local Authorities Officers IUOW [1994] 1 ERNZ 168 |
| Number of Pages | 12 |
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