| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 130/04 |
| Hearing date | 26 May 2004 - 26 Jul 2004 (2 days) |
| Determination date | 01 November 2004 |
| Member | P Montgomery |
| Representation | A Klinkert ; B Dorking |
| Location | Christchurch |
| Parties | Ross v Masters and Anor |
| Other Parties | Dunedin United Friendly Society |
| Summary | UNJUSTIFIED DISADVANTAGE - Constructive dismissal - Respondent looking to sell business - Potential purchaser rung applicant - Respondent advised nothing would change in applicant's employment - Potential purchaser said would receive new employment agreement and that would be causal employee - Resignation given - Onus on respondent to supply staff with such accurate information as was able without compromising prospective sale and ensure prospective purchaser fully informed - Applicant resigned because of vastly different terms and conditions offered by prospective employer and failure of respondent to make good undertaking to protect and support staff - Respondent had no assurance from prospective employer - Applicant had every right to refuse to work for prospective employer under casual conditions - However was other option of attempting to negotiate exit package based on length of service - No unjustified dismissal - PENALTY - Alleged executive officer of board of respondent incited, and/or instigated and/or aided and/or abetted respondent in breaching applicant's employment agreement - Executive officer had no personal liability - Also unaware of terms of employment to be offered by prospective purchaser - Claim dismissed - UNJUSTIFIED DISADVANTAGE - Respondent failed to make good assurances to applicant that was entitled to rely on - Unjustified disadvantage |
| Result | Application dismissed (Unjustified dismissal and penalty) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($8,000) |
| 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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