| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 262/07 |
| Hearing date | 8 Aug 2007 |
| Determination date | 28 August 2007 |
| Member | L Robinson |
| Representation | K Single ; M Ward-Johnson |
| Location | Auckland |
| Parties | Buck v Gourmet Foods Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed respondent’s breach of duty of trust and confidence caused resignation - Claimed respondent’s “cavalier attitude” impeded resolving issues with customers - Claimed embarrassed in front of customer because misinformed by management - Claimed management acknowledged new product substandard but launched anyway - Claimed customers lost trust and faith in company and him personally - Claimed once trust and faith lost, own trust and confidence with respondent also lost - Letter of resignation did not state reasons for resignation - Authority found duty of good faith in s4 Employment Relations Act 2000 wider in scope than implied mutual obligation of trust and confidence - No evidence of continuous customer complaints or specific instances of customers losing confidence - Clients were respondent’s clients, not applicant’s - Evidence respondent took applicant’s views into account - Resignation not caused by breach of any duty - Regardless, none of alleged breaches reasonably foreseeable as posing substantial risk of resignation - No constructive dismissal - Area sales manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 |
| Number of Pages | 5 |
| PDF File Link: | aa 262_07.pdf [pdf 23 KB] |