| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 488/05 |
| Hearing date | 9 Aug 2005 |
| Determination date | 19 December 2005 |
| Member | Y S Oldfield |
| Representation | S Corlett ; J Turner |
| Location | Auckland |
| Parties | Harris v Atlas Concrete Ltd |
| Summary | UNJUSTIFIED DISMISSAL - New Chairperson insisted on review and improvement of management structure and governance - Applicant continued in existing role - Alleged new CEO undermined applicant's position and unilaterally changed his responsibility - Also alleged he failed to consider his concerns at meeting and gave him ultimatum to resign - Further alleged failure to provide applicant with safe working environment - Alleged breach of duties of trust and fair dealing - Gave notice of resignation - Examples given of alleged undermining and unilateral changes to work not breaches of duty by respondent - CEO's language at meeting not directed at applicant personally - No breach of duty - No particulars given about claim of workplace stress - Could not determine claim because respondent not on notice of it when preparing for investigation meeting - Applicant had leave to continue to pursue that aspect of claim if he wished - However, from evidence not satisfied it was reasonably foreseeable to respondent that working conditions would cause applicant harm - No constructive dismissal - Sales director |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | aa 488_05.pdf [pdf 36 KB] |