| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 170/06 |
| Hearing date | 2 May 2006 |
| Determination date | 15 May 2006 |
| Member | Y S Oldfield |
| Representation | R Bowden ; R Pool |
| Location | Auckland |
| Parties | Procter v Northland Disabilities Resource Centre Trust Matapuna Hauora |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant entitled to ten weeks’ paid leave per year – Indicated willingness to renegotiate entitlement due to respondent’s financial concerns – Believed renegotiation not to occur until later in year – Issue raised during performance meeting – Subsequent discussions about need for change – Applicant submitted leave form for upcoming school holidays – Received letter stating that failure to reach agreement over leave entitlements could result in review of applicant’s position – Later informed by email that leave application could not be processed until entitlement issue resolved – Meeting to discuss matters cancelled for general manager to attend Tangi – Miscommunication meant applicant not aware of cancellation - Miscommunication discussed with general manager and alternative meeting date set – Applicant requested information on procedure to be followed during negotiations – General manager referred applicant to Employment Relations Act 2000 (“ERA”) - Applicant resigned – Raising issue during performance meeting not major error – Discussions about need for change reasonable – Reasonable for applicant to fear for job upon receiving letter – Respondent not justified in linking possibility of review with issue of leave entitlements – Reasonable for respondent to want meeting before processing leave application but needed to occur promptly - Two week delay before responding to leave application not reasonable – Caused applicant unnecessary anxiety – Letter and email unjustified disadvantage – Respondent’s subsequent conduct met all obligations – General manager’s comments about ERA not out of line – Too soon for applicant to presume respondent intended to change conditions of employment unilaterally – Resignation prior to scheduled meeting premature – Orderly completion of notice period and send-off given to applicant indicated no irretrievable break down of relationship – No constructive dismissal – Length of service six years one month – Service co-ordinator/needs assessor |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($1,500) ; Costs reserved |
| Statutes | ERA s123 |
| Number of Pages | 7 |
| PDF File Link: | aa 170_06.pdf [pdf 44 KB] |