| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 193/05 |
| Hearing date | 4 Apr 2005 |
| Determination date | 26 May 2005 |
| Member | A Dumbleton |
| Representation | J Douglas ; P Swarbrick |
| Location | Auckland |
| Parties | Sangster v Tanner Group Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Respondent's head office relocated from Papatoetoe in South Auckland to Kerepehi - Applicant's travelling time increased significantly - Respondent raised number of concerns with applicant including reduced working hours since relocation - Unjustified action to threaten applicant with disciplinary action over term of employment that had not been directly and expressly negotiated and contents of which remained uncertain between parties - Applicant lost security in job - Unjustified disadvantage in relation to working hours only - UNJUSTIFIED DISMISSAL - Constructive dismissal - After respondent commenced disciplinary process applicant resigned - Applicant alleged disciplinary proceedings commenced to avoid having to address issue of applicant's redundancy - Relocation gave rise to redundancy situation generally for staff affected by move - However applicant accepted employment with respondent at Kerepehi although this not evidenced in writing - Applicant's acceptance meant position not redundant - Performance concerns raised by respondent other than hours of work were reasonably and genuinely held - Proper basis for commencing disciplinary investigation - Resignation not caused by any breach of duty but fear that some performance allegations would be proven - No personal grievance - Non-publication order in respect of report prepared by respondent's accountants - Group financial controller |
| Result | Application granted (unjustified disadvantage) ; Application dismissed (unjustified dismissal) ; Compensation for humiliation etc ($3,500) ; Orders accordingly ; Costs reserved |
| Statutes | ERA s65;ERA Second Schedule cl10 |
| Cases Cited | Sky Network Television Ltd v Duncan [1998] 1 ERNZ 354 |
| Number of Pages | 9 |
| PDF File Link: | aa 193_05.pdf [pdf 58 KB] |