| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 79/05 |
| Hearing date | 12 May 2005 |
| Determination date | 18 May 2005 |
| Member | D Asher |
| Representation | A Gallie ; P Lindstrom |
| Location | Wellington |
| Parties | Newland v Waewawpa Station 2002 Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Alleged actual or constructive dismissal - Two incidents between applicant and co-worker - Final written warning given after meeting - Applicant on sick leave then left employment - Alleged respondent unilaterally and substantially reduced his job content and responsibilities - Respondent alleged applicant agreed to changes - In the event the changes of duties as specified by the respondent were inaccurate, resignation not reasonably foreseeable - Reasonable to expect applicant to have attempted to explore possibility of some misunderstanding - No unjustified dismissal - UNJUSTIFIED DISADVANTAGE - Alleged respondent said would give him written warning before matter investigated therefore pre-determined - In the event respondent did advise would issue warning, process subsequently adopted put any pre-determination to right - No unjustified disadvantage |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths [1985] ACJ 963;Malik v Bank of Credit and Commerce International SA (in liquidation) [1997] 3 All ER 1;Rankin v Attorney-General [2001] ERNZ 476;Wellington etc Clerical etc IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 7 |
| PDF File Link: | wa 79_05.pdf [pdf 26 KB] |