| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 70/05 |
| Hearing date | 9 Nov 2004 - 10 Nov 2004 (2 days) |
| Determination date | 24 February 2005 |
| Member | J Scott |
| Representation | C Luke ; B Quarrie |
| Location | Auckland |
| Parties | Sigley v Hauora Whanui Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant experienced difficulties in role due to lack of administrative and managerial support - Wrote to general manager three times over four month period setting out concerns and requesting action - No direct response or improvement in circumstances - Resigned - Post resignation offer of altered role rejected - Wholly inadequate response by senior management to operational issues - Not open for respondent to rely during employment on applicant's dedication and tendency to take on additional responsibilities but then criticise those qualities after applicant no longer able to cope - Lack of management support and failure to address serious operational issues raised by applicant amounted to breaches of duty - Resignation reasonably foreseeable - Resignation not induced by work related stress - Constructive dismissal - Remedies - No requirement on applicant to accept post resignation offer but rejection impacted mitigation of prospective loss - ARREARS OF WAGES - Arrears of wages due and owing - Medical services coordinator |
| Result | Application granted ; Arrears of wages (Quantum to be determined) ; Reimbursement of lost wages (Quantum to be determined)(3 months) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Statutes | ERA s4;ERA s123(c)(i) |
| Cases Cited | Attorney-General v Gilbert [2002] 1 ERNZ 31 ; [2002] 2 NZLR 342;Auckland Electric Power Board v Auckland Local Authorities Officers Union [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;Gilbert v Attorney-General in respect of the Chief Executive Officer of the Department of Corrections [2000] 1 ERNZ 332;NZ Amalgamated Engineering etc IUOW v Ritchies Transport Holdings Limited [1991] 2 ERNZ 267;Wellington Clerical Workers' Union v Barraud & Abraham Ltd [1970] 70 BA 347;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965;Western Excavating Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 12 |
| PDF File Link: | aa 70_05.pdf [pdf 75 KB] |