| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 207/05 |
| Hearing date | 17 May 2005 |
| Determination date | 07 June 2005 |
| Member | Y S Oldfield |
| Representation | M Ryan ; K Elkin |
| Location | Auckland |
| Parties | Merchant v Department of Corrections |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Restructuring led to offer of reassignment to permanent position on a fixed term basis" - Position not considered "suitable" by plaintiff in terms of employment agreement due to fixed term nature - Subsequent offer of permanent position - Alleged manager said position would be re-advertised within one year anyway - Plaintiff resigned - First offer not repudiation of employment agreement and plaintiff's response not cancellation - Second offer "suitable" and made in good faith - Alleged comments by manager not proven - Even if manager had made comments about re-advertising position not reasonable for plaintiff to take that as respondent's definitive position in preference to written offer stating position permanent - Second offer remedied any errors made by respondent earlier in process - No cause for loss of trust and confidence in respondent - No constructive dismissal - Regional property manager" |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | aa 207_05.pdf [pdf 37 KB] |