| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 184/06 |
| Hearing date | 20 Apr 2006 - 4 May 2006 (2 days) |
| Determination date | 26 May 2006 |
| Member | R A Monaghan |
| Representation | K Amodeo ; J Lally |
| Location | Auckland |
| Parties | Oborn v Plumbco Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Alleged unjustified demotion - Applicant promoted to position of foreman on particular job – Subsequently worked on different site as tradesman with no reduction in pay or requirement to return vehicle and cell phone – General manager attempted to arrange meeting to talk about applicant’s future – Alleged told in phone conversation to return vehicle and cellphone and that was to work as tradesman with pay reduction from then on – Applicant believed demoted and resigned without attending meeting – Applicant’s beliefs based on assumption not fact - Applicant not told was being demoted or that pay reduced – Should have waited for meeting to confirm assumptions before resigning – No demotion – No unjustified disadvantage – No constructive dismissal – ARREARS OF WAGES – Claim for bonus payment – Alleged offered bonus payment as part of foreman’s duties – On evidence no bonus offered – Length of service nine months - Foreman/tradesman plumber |
| Result | Applications dismissed ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | aa 184_06.pdf [pdf 33 KB] |