| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 32A/01 |
| Determination date | 14 September 2001 |
| Member | P Cheyne |
| Representation | I Thompson ; D Hampton |
| Location | Christchurch |
| Parties | Butland v Hampton t/a Chesterfields Preschools |
| Summary | UNJUSTIFIED DISADVANTAGE - Respondent transferred applicant from teaching nursery to pre-school and hours reduced without consent - Criticisms by other staff of applicant's work relationships - Respondent's actions amounted to breach of terms of employment - UNJUSTIFIED DISMISSAL - Constructive dismissal - Sought and obtained alternative employment due to change in working conditions - Resignation caused by alternative employment not breach of contract - No unjustified dismissal - Early childhood educator |
| Result | Application granted (unjustified disadvantage) ; Application dismissed (Unjustified dismissal) ; Reimbursement of lost wages ($1,826) ; Compensation for humiliation etc ($2,500) ; Arrears of holiday pay ($109.56) ; Costs in favour of applicant ($1,500) ; Disbursements in favour of applicant ($70)(filing fee) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168; [1994] 2 NZLR 415 |
| Number of Pages | 5 |
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