| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 49/01 |
| Determination date | 28 September 2001 |
| Member | P Cheyne |
| Representation | TJ Twomey ; T Devlin |
| Location | Christchurch |
| Parties | Sanderson v Computaleta Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether resignation or dismissal - Reduced staff numbers - Backlog of work - Altercation with co-worker - Left work - Subsequent meeting to discuss situation and workload - Suggested applicant be relieved of core duties - Angry behaviour from employer - Imposition of changes in punitive fashion - Employment terminated abruptly and unfairly - Breach of responsibility to act in fair and reasonable manner - Reasonably foreseeable applicant would resign - Mitigation - No award for loss of remuneration due to failure to accept genuine redeployment offer - Contributory conduct 40 percent |
| Result | Application granted ; Compensation for humiliation etc ($5,000 reduced to $3,000) ; Costs reserved |
| Statutes | ERA s103(1)(b);ERA s123(c)(i) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 ; [1985] 2 NZLR 372 ; (1985) ERNZ Sel Cas 136 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |