| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 76/05 |
| Hearing date | 29 Oct 2004 |
| Determination date | 28 February 2005 |
| Member | K J Anderson |
| Representation | J Watson ; R Clark |
| Location | Auckland |
| Parties | Hamilton v Grace Retailing Ltd t/a Glenview New World |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant applied for another position - Alleged respondent's owner/operator discovered her application and approached prospective employer without authorisation - Owner alleged he recommended her to prospective employer with applicant's knowledge - Applicant unsuccessful in obtaining position - Ongoing conflict between applicant and second-in-charge (R) - Applicant dissatisfied with R's performance - Gave respondent ultimatum of dismissing R or she would resign - Any contact with prospective employer was with knowledge and approval of applicant - Could be reasonably argued that respondent could have given applicant more support in dealing with R - However no breach of duty - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - Alleged unjustifiably disadvantaged or privacy breached by events leading to resignation - No personal grievance - Bakery manager |
| 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;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 6 |
| PDF File Link: | aa 76_05.pdf [pdf 39 KB] |