| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 100/04 |
| Hearing date | 16 Dec 2003 |
| Determination date | 22 March 2004 |
| Member | K J Anderson |
| Representation | E Mann ; A Lubbe |
| Location | Auckland |
| Parties | Doidge v The ANZ Banking Group New Zealand |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Casual employee - Respondent removed mileage travel allowance with little consultation - Allowance implied term of employment agreement - Respondent breached employment agreement - Breach not sufficiently serious to warrant resignation - No constructive dismissal - BREACH OF CONTRACT - Removal of allowance breached employment agreement - Remedies available included possible compliance order - Applicant's resignation preempted right to compliance order - Penalty action would have been out of time - COSTS - Both parties at fault - Costs to lie where they fall |
| Result | Application dismissed ; Costs to lie where they fall |
| Statutes | ERA s134;ERA s135(5) |
| Cases Cited | Grant v Superstrike Bowling Centres Ltd [1992] 1 ERNZ 727;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 5 |
| PDF File Link: | aa 100_04.pdf [pdf 30 KB] |