| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 235D/03 |
| Hearing date | 17 Nov 2003 |
| Determination date | 01 April 2004 |
| Member | R A Monaghan |
| Representation | K Thompson ; R Larmer |
| Location | Auckland |
| Parties | Ashfield v Xclamation Ltd and Anor |
| Other Parties | Bremen Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Issue over status of applicant within respondent - Growth of business meant changes including more staff - Changes meant applicant not involved in as many business issues as when started job - Applicant believed was pushed aside in favour of co-worker - Applicant did not voice concerns - Resignation - Requirement to leave employment immediately not dismissal - If applicant did not expressly agree to suggestion she leave early, she acquiesced in it freely - Applicant not demoted or pushed aside - No breach of duty by respondent but evolution in applicant's role which she was unable to accept - No unjustified dismissal - Identity of employer - First respondent was sole employer - UNJUSTIFIED DISADVANTAGE - Applicant not disadvantaged by unjustifiable action of respondent - PENALTY - Penalty of $500 awarded for failure to provide written employment agreement - Failure ongoing and not out of time - Alleged failure to advise applicant of right or provide opportunity to seek advice on agreement not ongoing breach - Claim for penalty out of time |
| Result | Application dismissed (Unjustified dismissal) ; Application dismissed (Unjustified disadvantage) ; Penalty ($500)(To Crown)(Failure to provide written employment agreement) ; Costs reserved |
| Statutes | ERA s64(2);ERA s65;ERA s135(5) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authority Officers IUOW [1994] 1 ERNZ 168;TNT Express Worldwide Ltd v Cunningham [1993] 1 ERNZ 695 |
| Number of Pages | 9 |
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