| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 17/04 |
| Hearing date | 3 Dec 2003 |
| Determination date | 14 January 2004 |
| Member | D King |
| Representation | B Nabney ; P Crombie |
| Location | Auckland |
| Parties | Turner v Preston Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant believed new employee to replace her - New employee took on some tasks previously performed by applicant - Numerous issues about applicant discussed at informal meetings - Not told particular meeting was disciplinary or told to bring representative - Written warning when rejected alternative managerial position - Employer did not follow course of action intended to effect resignation - Though meetings addressing concerns about applicant unpleasant did not amount to not constructive dismissal - Respondent contractually entitled to vary agreement provided position remained managerial - Should have been told particular meeting was disciplinary and given opportunity to bring representative - Breach of fairness not sufficiently serious that applicant entitled to resign - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - Not informing that meeting was disciplinary in nature or could bring representative was unjustified disadvantage - Disadvantage lessened as applicant had sought legal advice and received prompt notification from employer that employment not in jeopardy - Assistant restaurant manager |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |