| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 18/05 |
| Hearing date | 27 Jan 2005 |
| Determination date | 01 February 2005 |
| Member | D Asher |
| Representation | A Cressey ; S Dalzell |
| Location | Wellington |
| Parties | Howe v Reserve Bank of New Zealand |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant was team leader - Subsequently managed particular project but no new employment agreement or position description agreed on - Applicant alleged appointed to project manager position - Alleged respondent breached promises to formalise project manager role - Respondent alleged it was extension of team leader role - Respondent appointed another employee to project manager position - Applicant saw himself as being replaced without consultation - Applicant not offered or promised position as project manager - Work undertaken was within scope of existing employment agreement - Also within scope of employment agreement to transfer project management work to another employee - However respondent obliged by employment agreement to consult when replacing applicant as project manager - Unjustified disadvantage - Remedies - Public nature of replacement attracted speculation about reason for applicant's departure - Applicant justifiably concerned that replacement was due to his unsatisfactory performance - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant resigned - In absence of contractual entitlement to continue in role of project manager constructive dismissal claim failed - Team Leader |
| Result | Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($4,000) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Number of Pages | 13 |
| PDF File Link: | wa 18_05.pdf [pdf 42 KB] |