| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 108/04 |
| Hearing date | 27 May 2004 |
| Determination date | 30 August 2004 |
| Member | P Montgomery |
| Representation | J Beck ; R Tokona |
| Location | Christchurch |
| Parties | Dawson v Arai Te Uru Whare Hauora |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant moved from existing role with respondent to new fixed-term role at higher salary - Applicant initiated return to old role - Expectation by respondent that higher salary would cease to apply not shared by applicant - Alleged ridicule and comments in poor taste by manager - Applicant resigned - No unilateral variation of employment agreement - Initial letter of offer for fixed-term role provided for simultaneous return to old salary and old role - On balance of probabilities letter of offer was delivered to applicant - Failure to bring concerns about poor treatment to respondent's attention during employment - No action by respondent sufficiently serious to justify repudiation of employment agreement - Resignation not reasonably foreseeable - No unjustified dismissal - Education contracts co-ordinator |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168;Auckland Shop Employees IUOW v Woolworths NZ Limited [1985] 2 NZLR 372 |
| Number of Pages | 5 |
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