| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 81/06 |
| Hearing date | 15 Nov 2005 - 9 Dec 2005 (3 days) |
| Determination date | 22 March 2006 |
| Member | M Urlich |
| Representation | M Robins ; K Thompson |
| Location | Auckland |
| Parties | Nelson v Air New Zealand International Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Redundancy - Applicant alleged left her employment because of respondent's failure to provide safe and healthy workplace and failure to declare applicant redundant - Proposal to restructure division applicant employed in coincided with implementation of new payroll system - Applicant agreed to fill Payroll Manager role on temporary basis but dispute over how long for - Applicant alleged only 6-12 weeks - Contemporaneous documents and actions supported finding that parties agreed applicant would be Acting Manager for 6-12 months - Applicant alleged worked more than 60 hours a week and health affected - Applicant not directed to work excessive hours and as senior employee had considerable control over work performed - Respondent responded reasonably to concerns applicant raised but was unaware of applicant's anxiety disorder - General manager's comments did not amount to bullying or harassment - No breach of obligation to provide safe and healthy workplace - Applicant alleged respondent's refusal to release her from temporary role and declare her redundant was breach of duty - After applicant accepted temporary role she received letter advising normal position would be disestablished but current acting position continued - Letter said it was not notice of redundancy - Applicant initially wanted to be considered for redeployment but later withdrew application for new role and advised of intention to leave respondent - Respondent not entitled to treat this as notice of resignation as it did not write back to accept this communication or take steps to clarify leaving date - Actual notice given two weeks later - Respondent claimed applicant not declared redundant as restructuring not complete, redeployment not yet explored and her skills were still required in acting role - Respondent's refusal to declare applicant redundant fair and reasonable - Applicant gave notice and such notice was usually fatal to constructive dismissal claims - No constructive dismissal - No redundancy and no entitlement to redundancy compensation - ARREARS OF WAGES AND OTHER MONIES - No contractual entitlement to claim payment for excess hours - No evidence supporting bonus claim - Length of service five years and five months - Acting Manager Payroll and Data Management |
| Result | Application dismissed ; Costs reserved |
| Statutes | Holidays Act 2003 |
| Cases Cited | Watties Frozen Foods Ltd v United Food & Chemical Workers Union [1992] 2 ERNZ 1038 |
| Number of Pages | 10 |
| PDF File Link: | aa 81_06.pdf [pdf 64 KB] |