| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 58/05 |
| Hearing date | 18 Apr 2005 |
| Determination date | 27 April 2005 |
| Member | J Crichton |
| Representation | B Climo ; BA Fletcher |
| Location | Christchurch |
| Parties | Tapp v Mighty Mix Dog Food Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant manager at respondent's factory - Another employee appointed co-manager" - Applicant alleged intimidated at meeting where respondent proposed to remove joint manager designation - Applicant misunderstood that meeting was to initiate restructuring process and consult rather than about his performance - Applicant refused job as factory hand at lower wage - Redundancy - Novel argument that constructive dismissal arose when respondent appointed co-manager which amounted to unilateral variation of employment agreement - However applicant accepted co-manager situation and did not resign - Any claim for unjustified disadvantage not raised within 90 days - Fair redundancy process - No personal grievance - Manager" |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 4 |
| PDF File Link: | ca 58_05.pdf [pdf 22 KB] |