| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 217/06 |
| Hearing date | 23 May 2006 |
| Determination date | 26 June 2006 |
| Member | L Robinson |
| Representation | M Paewai ; D Pomare, H Heemi |
| Location | Auckland |
| Parties | Ngamata v Te Puna Reo Maori O Nga Maungarongo Inc |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant verbally resigned at hui, as strongly disagreed with how respondent dealt with misconduct of colleague - Applicant attempted to retract resignation - Management committee initially confirmed resignation, but agreed to reinstate if applicant made public declaration of support for respondent - Respondent offered new employment agreement - Applicant became agitated at later hui over same issue, and did not give public declaration of support - Respondent withdrew offer of employment - Authority found no breach of duty to applicant, as was respondent's prerogative how it managed and disciplined employee's misconduct - Applicant's retraction of resignation inconsistent with assertion had no option but to resign - Retraction would be taken to have affirmed respondent's actions - No constructive dismissal - Whether actual dismissal - Authority found condition (of new offer of employment) that applicant publicly declare support was reasonable - Applicant failed to sign new agreement and comply with condition - Did not accept re-employment offer - No dismissal - COUNTERCLAIM - DAMAGES - Respondent sought damages for loss suffered to its reputation and goodwill - Failed to establish loss - Counterclaim dismissed - Length of service not specified - Assistant Supervisor |
| Result | Application dismissed (Unjustified dismissal) ; Application dismissed (Counterclaim) ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Local Authorities Offices Union [1994] 1 ERNZ 168 |
| Number of Pages | 7 |
| PDF File Link: | aa 217_06.pdf [pdf 90 KB] |