| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 142/06 |
| Hearing date | 1 Mar 2006 |
| Determination date | 28 April 2006 |
| Member | K J Anderson |
| Representation | S Kenyon (in person) ; C Eggleston |
| Location | Auckland |
| Parties | Kenyon v Trustpower Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged respondent breached employment agreement by making him responsible for more staff than his job description provided for, and that workload escalated to degree where he could no longer cope and had no choice but to resign - Job description was subject to continual review and employment agreement did not require changes to be agreed and recorded in writing - Accepted applicant had substantial workload that caused him some stress - Evidence showed that upon becoming aware of applicant's concern management acted reasonably promptly to relieve him of some duties - Little evidence to suggest applicant dissatisfied with steps taken to help him - No breach of duty owed to applicant - No sustainable evidence to suggest applicant's health problems brought on solely by work, or that actions of employer were such that resignation could be seen as constructive dismissal - No constructive dismissal - Length of service one year 10 months - Credit manager |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 ; [1985] 2 NZLR 372 |
| Number of Pages | 7 |
| PDF File Link: | aa 142_06.pdf [pdf 43 KB] |