| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 110/04 |
| Hearing date | 24 Jun 2004 - 25 Jun 2004 (2 days) |
| Determination date | 01 September 2004 |
| Member | P Montgomery |
| Representation | Dr FK Abdalla (in person) ; C French |
| Location | Christchurch |
| Parties | Abdalla v Southern Institute of Technology |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Accepted proposal for fixed term contract - Dissatisfied with issues in employment relationship including appropriate title for position - Matters discussed in mediation - Letter sent to Applicant clarifying responsibilities and outlining intention to appoint applicant to position at end of fixed term - Applicant refused to undertake teaching duties unless appointed Programme director" - Verbal and then written directive that applicant undertake duties - Resignation - Not course of action designed to have applicant resign - Alleged discrimination - Respondent motivated to retain applicant's services and prepared to have further discussions to achieve that - No proof of causal connection between resignation and any prejudice by respondent - Resignation prompted by serious mismatch of applicant's expectations with respondent's ability to meet them - No discrimination - No unjustified constructive dismissal - Engineer" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s104;ERA s105 |
| Cases Cited | Auckland & Gisborne Amalgamated Society of Shop Employees and Related Trades etc IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372;Trilford v Car Haulways Ltd [1996] 2 ERNZ 351 |
| Number of Pages | 6 |
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