| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 122/05 |
| Hearing date | 14 Jul 2005 |
| Determination date | 19 July 2005 |
| Member | D Asher |
| Representation | G Tasker (Applicant in person) ; P Brosnahan |
| Location | Wellington |
| Parties | Tasker v Berdeck Investments Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - No position description - Applicant was approached to join the respondent's Middle Management Group which he agreed to - Applicant undertook more and more mechanical repair jobs and required to work in workshop - Had some concerns about a company director - Alleged unilateral variation to employment - Resigned - No discussion between applicant and director before resignation took effect - No breach of duties to applicant - Applicant did not have defined set of duties - After applicant joined Middle Management Group put himself into environment in which he was expected and agreed to muck in" - No unilateral variation of employment - Move to working in workshop not a permanent one - Applicant not contractually entitled to expect Group to respond to his grievance - Director had explanation for not arranging meeting with applicant - No unjustified dismissal" |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 |
| Number of Pages | 7 |
| PDF File Link: | wa 122_05.pdf [pdf 29 KB] |