| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 8/05 |
| Hearing date | 6 Dec 2004 |
| Determination date | 17 January 2005 |
| Member | R A Monaghan |
| Representation | P Hodge ; R Parmenter |
| Location | Auckland |
| Parties | Carrick v European Stone Surfaces Ltd t/a Granite Transformations |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether dismissed or resigned - Applicant provided own tools - Told tools were insured - After some tools stolen parties discovered tools not covered - Applicant came to work without remaining tools and refused to go home to retrieve tools - Told if did not bring in tools he could leave - Swore and left - Respondent offered re-employment - Returned to work but new written employment agreement did not meet minimum requirements and was incomplete - Decided not to take position offered - Applicant's conduct repudiated employment agreement and repudiation accepted by respondent - Respondent breached employment agreement by failing to negotiate and set amount for tool allowance - Also at fault for innocent misrepresentation of insurance coverage - Respondent's minor breaches did not justify applicant's stance - No meeting of minds over resumption of employment - If employment had resumed shortcomings in written agreement would have supported constructive dismissal - However employment relationship over - No personal grievance - Specialist fabricator |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s64;ERA s65;ERA s66;ERA s66(3)(b) |
| Number of Pages | 6 |
| PDF File Link: | aa 8_05.pdf [pdf 37 KB] |