| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 34/05 |
| Hearing date | 18 Oct 2004 - 19 Oct 2004 (2 days) |
| Determination date | 04 February 2005 |
| Member | K J Anderson |
| Representation | S Dyhrberg ; R Harrison |
| Location | Auckland |
| Parties | Alsop v Waiairiki Institute of Technology |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged respondent failed to recognise applicant's position had become superfluous - Applicant's position underwent changes - Experienced general dissatisfaction - Recommended his position be made redundant and he receive severance package - Initially little response from respondent - Later many discussions about issues - Sought to update applicant job description - Applicant did not sign new description due to his concerns - Resigned - No breach of duty by respondent such that was constructive dismissal - Applicant could not accept changes to role - Alternative argument that was redundancy and should have received compensation - Claim unsustainable - Not perception of respondent at time of resignation that applicant's position surplus to requirements - Alternative contract work discussed - Nothing agreed to - In any case would have been independent contractor relationship and outside Authority's jurisdiction - Mathematics tutor |
| Result | Application dismissed ; Costs reserved |
| 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 |
| Number of Pages | 10 |
| PDF File Link: | aa 34_05.pdf [pdf 70 KB] |