| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 400/05 |
| Hearing date | 6 Sep 2005 |
| Determination date | 10 October 2005 |
| Member | Y S Oldfield |
| Representation | M Singh (in person) ; P Wallace |
| Location | Auckland |
| Parties | Singh v Pedetentium Enterprises Ltd t/a Blade and Tool Services |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Respondent bought business and took over applicant's employment - Two months after purchase owner increased sales aspect of applicant's role and decreased administrative role - Alleged lack of consultation over changes - Alleged racist comments by owner of respondent on two occasions - Applicant resigned - Racist comments not raised as issue until letter one month later raising grievance - Sales work component of job should not have been increased without consultation - No full consultation - Increase of sales work and failure to consult not such serious breaches that resignation reasonably foreseeable - If proven, racist comments would have amounted to sufficiently serious breach to make resignation reasonably foreseeable - On balance Authority unable to find that racist comments occurred - Applicant probably inferred racist attitude and reconstructed words that fitted his view of spirit of exchanges with owner - No constructive dismissal - No unjustified disadvantage - Sales, administration and customer service |
| Result | Application dismissed ; No order for costs |
| Number of Pages | 4 |
| PDF File Link: | aa 400_05.pdf [pdf 24 KB] |