| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 329/05 |
| Hearing date | 6 Jul 2005 |
| Determination date | 29 August 2005 |
| Member | M Urlich |
| Representation | K Nicholson, K Kaur ; M Matthew |
| Location | Auckland |
| Parties | Cullen v Power Marketing Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant directed to swap duties with another team leader to take responsibility for different telemarketing campaigns - Respondent indicated would top up difference in earnings until second of new campaigns operational - No consultation about swap - On first day of swap manager undertook team leader duties in place of applicant - Applicant did not raise concerns about swap until next day when co-worker commented applicant had been demoted" - Employment agreement permitted respondent to transfer applicant to different operational area - No financial disadvantage - No evidence applicant not to perform team leader duties in new role - Broad duties and responsibilities did not change - No unjustified disadvantage - UNJUSTIFIED DISMISSAL - Constructive dismissal - After swap applicant met with director of respondent to discuss swap - Director advised applicant to "tone down" management style - Robust exchange with director - Applicant immediately told manager resigning on one week's notice - Manager accepted resignation and told him no need to work out notice - Applicant pushed co-worker on way out of building - Applicant later phoned manager, apologised for pushing co-worker and asked if he was dismissed - Respondent reiterated resignation accepted - Applicant responded with belief that verbal resignation not binding - Applicant not dismissed rather resigned - Confirmed resignation when told manager verbal resignation not effective - No attempt to withdraw resignation rather attempt to nullify it by relying on inaccurate technicality - Whether constructive dismissal - Upset caused by co-workers' perceptions of swap as demotion not basis for personal grievance - Employer entitled to raise performance issues such as management style in fair and reasonable manner - Applicant equal participant in robust exchange and employment not threatened by director - No constructive dismissal - Telemarketer/team leader" |
| Result | Applications dismissed ; Costs reserved |
| Number of Pages | 4 |
| PDF File Link: | aa 329_05.pdf [pdf 26 KB] |