| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 7/01 |
| Determination date | 12 March 2001 |
| Member | S Bathgate |
| Representation | GP Rossiter ; DR Broadmore |
| Location | Wellington |
| Parties | Gilshan v State Insurance Ltd |
| Summary | BREACH OF CONTRACT - Alleged breach of obligations of trust, confidence and good faith - Accepted new position with proviso of on-site supervision and training - Restructuring - Change to out of town manager - Whether unilateral variation of employment contract - Whether obligation to consult - Variation of contract - Meeting to discuss change after the event - Lack of meaningful consultation - No opportunity for input - No declaration that breach of contract occurred - Order for compliance with contract not possible - Subsequent training programme mitigated damage - Account manager |
| Result | Application granted ; General damages ($4,000) ; Costs reserved |
| Statutes | ERA s137;ERA s162 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |