| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 210/05 |
| Hearing date | 6 May 2005 |
| Determination date | 08 June 2005 |
| Member | R A Monaghan |
| Representation | T Pateman (in person) ; M Clark |
| Location | Auckland |
| Parties | Pateman v Siemens Energy Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant disagreed with reorganisation of dispatch system - Heated discussion with manager about concerns - Discussion took place in cafeteria at manager's initiative as no meeting rooms free - Applicant alleged not listened to and received dressing down - Applicant resigned - Offer of opportunity to reconsider resignation declined - Manager not as calm as should have been during discussion - Cafeteria inappropriate choice of venue - Manager entitled to require new dispatch procedures be followed - Instructions associated with new system within scope of manager's right to manage - Plaintiff unwilling to assist in implementation of new procedures - Irreconcilable differences between parties but no breach of employment agreement sufficient to make resignation reasonably foreseeable - No constructive dismissal - Dispatcher |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 4 |
| PDF File Link: | aa 210_05.pdf [pdf 25 KB] |