| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 2/05 |
| Hearing date | 20 Oct 2004 |
| Determination date | 20 January 2005 |
| Member | H Doyle |
| Representation | K Kereru ; R Webster |
| Location | Christchurch |
| Parties | Parker v Postie Plus Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged resigned due to breaches by respondent - Respondent alleged applicant made redundant - National manager received letter of complaint from staff about applicant - Applicant went on paid leave - Wanted to return to work but not satisfied workplace would be safe - Staff told that two stores amalgamating and all staff needed to reapply for positions - Applicant applied after being encouraged to do so - Resigned after offered part-time senior sales position rather than management position - Authority found main reason for resignation was offer of position with reduced hours rather than way staff complaint dealt with - Respondent obliged to act fairly and reasonably towards applicant particularly in light of staff issues - Inadequate and unfair to simply convey by telephone offer of new position - Further consultation necessary - Breach sufficiently serious to make it reasonably foreseeable applicant would resign - Constructive dismissal claim made out - Branch manager |
| Result | Application granted ; Compensation for lost benefit (redundancy entitlement)(4 weeks' wages) ; Compensation for humiliation, etc ($2,500) ; Costs reserved |
| 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 | 8 |
| PDF File Link: | ca 2_05.pdf [pdf 1.2 MB] |