| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 292/04 |
| Hearing date | 9 Mar 2004 - 7 May 2004 (3 days) |
| Determination date | 13 September 2004 |
| Member | L Robinson |
| Representation | A Drake ; J Latimer, L Murray |
| Location | Auckland |
| Parties | Hjorth v Onesource Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant took leave after altercation with manager - Mobile phone and remote access privileges revoked during leave - Rejected suggestions for facilitation of return to work - No actual dismissal by manager during altercation - Failure to return to work resignation - Manager's actions motivated by performance issues - Failure to address issues through proper process breach of duty of fair and reasonable treatment - Abusive language, inappropriate email and revocation of privileges breach of duty not to do anything likely to destroy relationship of trust and confidence - Resignation caused by breaches and reasonably foreseeable given seriousness of breaches - Unjustified constructive dismissal - REMEDIES - Situation" giving rise to grievance was manager's dissatisfaction with applicant's performance - No contributory conduct - Manager's vindictive actions justified applicant's refusal to accept offers to facilitate return to work - UNJUSTIFIED DISADVANTAGE - Alleged failure to honour promise to increase salary - No evidence of promise - No unjustified disadvantage - BREACH OF CONTRACT - Employment agreement superseded representations concerning client base made by respondent prior to employment - No breach of employment agreement - Sales representative" |
| Abstract | Application granted (Unjustified dismissal) ; Applications dismissed (Unjustified disadvantage and breach of contract) ; Reimbursement of lost wages ($4,000)(4 weeks) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Statutes | ERA s124;ERA s128;ERA s174 |
| Cases Cited | Auckland Electric Power Board v Auckland Local Authorities Officers Union [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Basil Properties Limited v Canterbury Hotel IUOW [1991] 1 ERNZ 844;BP Oil NZ Ltd v Northern Distribution Union [1992] 3 ERNZ 483;Finau v Carter Holt Building Supplies [1993] 2 ERNZ 971;NZ Engine Drivers etc IUOW v West Coast Area Health Board [1990] 1 NZILR 619;Otago Hotel etc IUOW v Shiel Hill Tavern Ltd [1990] 2 NZILR 160;SAS Technologies v Hollis [2003] 2 ERNZ 672;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29;Weir v Fuji Xerox NZ Ltd [1998] 1 ERNZ 140;Wellington Drivers IUOW v Fletcher Construction Co Limited [1982] ACJ 663 |
| Number of Pages | 17 |
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