| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 57/04 |
| Hearing date | 27 Feb 2004 |
| Determination date | 14 May 2004 |
| Member | H Doyle |
| Representation | T Twomey ; M Hodges |
| Location | Christchurch |
| Parties | Giffen v Scenic Circle Hotels Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged was promised exclusive use of vehicle for work and personal use - Only shared vehicle available which was unsuitable for long distance driving required by job - Often forced to use own vehicle - Alleged was told two bedroom accommodation would be provided - Only one bedroom accommodation available - Alleged told would receive meal allowance - No meal allowance provided - Resigned - Employment agreement contained completeness clause replacing contractual terms which may have existed prior to agreement - Exclusive use of vehicle, type of accommodation and meal allowance not mentioned in agreement - Applicant mistaken in belief that vehicle for exclusive use would be provided - Availability of suitable vehicle for work purposes only fell within wording reasonable equipment and other resources" in agreement - Meal allowance not term of employment but led to believe would get two bedroom unit - Not reasonable to tender resignation in circumstances - No personal grievance in respect of resignation - UNJUSTIFIED DISADVANTAGE - Failure to provide reasonable equipment to carry out duties in form of vehicle - Unjustified action which disadvantaged applicant - Human resources advisor" |
| Result | Application dismissed (unjustified dismissal) ; Application granted (unjustified disadvantage) ; Compensation for humiliation, etc ($5,000) ; Costs reserved |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;Western Excavating (ECC) Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 11 |
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