| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 136/05 |
| Hearing date | 4 Mar 2005 |
| Determination date | 18 April 2005 |
| Member | D King |
| Representation | RVJ Kerekes (in person) ; J Hogg |
| Location | Auckland |
| Parties | Kerekes v Rodney Taxation Service Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant resigned after repeated failure by respondent to address concerns about excessive workload and lack of support - Workload not excessive - Pressures largely stemmed from applicant’s failure to set limits - However, respondent’s repeated failure to address concerns about workload raised by applicant was breach of contract - Breach sufficiently serious to entitle applicant to resign - Constructive dismissal - Remedies - Not entitled to reimbursement of lost wages as no attempt to find alternative employment - Taxation services consultant |
| Result | Application granted ; Compensation for humiliation ($2,000) ; Costs reserved |
| Cases Cited | Wellington etc Clerical etc IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 4 |
| PDF File Link: | aa 136_05.pdf [pdf 22 KB] |