| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 359/04 |
| Hearing date | 3 Jun 2004 - 17 Jun 2004 (2 days) |
| Determination date | 08 November 2004 |
| Member | Y S Oldfield |
| Representation | E Butcher ; R Harrison |
| Location | Auckland |
| Parties | De Grut v Northcote College |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant responsible for school productions, newspaper, magazine and website - Had management units in respect of duties - Sick leave due to stress related symptoms - Took one year research and study leave when awarded Royal Society Fellowship - Applicant expected to return to previous position at end of Fellowship - Reasonable expectation - Whether units fixed term or permanent - Units remained fixed term - Applicant advised duties to be altered, job title changed, and three management units removed - Clause of collective agreement breached since no evidence applicant was told of nature of units when allocated to him - Breach contributed to employment relationship problem - Failure to consult regarding removal of fixed term units amounted to breach of employment agreement - Significant disadvantage - Consultation minimum requirement for fair dealing - Unjustified disadvantage - UNJUSTIFIED DISMISSAL - Alleged constructive dismissal or alternatively redundancy - Breach by respondent not sufficiently serious to be constructive dismissal - No redundancy - Claim that breach of s4 Employment Relations Act 2000 dismissed - Director of productions, publicity and promotions (school) |
| Result | Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($10,000) ; Application dismissed (Unjustified dismissal) ; Costs reserved |
| Number of Pages | 11 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |