| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 361/07 |
| Determination date | 19 November 2007 |
| Member | D King |
| Representation | M Karetai ; A Drake |
| Location | Auckland |
| Parties | Barrett v Horizon2 Ltd |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Applicant alleged not properly consulted about restructuring and new position a demotion - Although claimed constructive dismissal applicant actually dismissed - Original role involved responsibility for research and staff management - Parties agreed applicant would trial working reduced hours - Respondent proposed restructuring and applicant’s new role retained only research duties - Respondent claimed reflected reality prior to restructure as management duties decreased over time and removed while trialling reduced hours - Applicant considered new role significant change and proposed new terms or contracting relationship - Increased cost unacceptable to respondent - Around same time, trial period for reduced hours ended - Respondent sought to discuss trial but applicant refused, did not respond to communications or attend work - Disciplinary meeting held but applicant refused to return to work and raised personal grievance - Dismissed for failure to follow instruction to return to work or engage with respondent - No evidence respondent wanted applicant to resign - Communications from respondent did contain options and ultimatums, but not illegitimate in circumstances - New position not a demotion and no significant change of focus - Position not altered to extent it ceased to exist - No redundancy - However, job description had altered and respondent sought agreement to variation - Applicant could continue in varied position or resign - Trial of reduced hours had expired - Respondent able to direct applicant to return to altered position on full time basis -- Reasonable and lawful instruction - Dismissal justified - No disadvantage - Scientist |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s123(1)(a) |
| Cases Cited | Nelson Timber etc IUOW v Nelson Pine Forest Ltd [1989] 1 NZILR 451;NZPSA v Land Corporation Ltd [1991] 1 ERNZ 741;McCulloch v NZ Fire Services Commission [1998] 3 ERNZ 378;Pilgrim v Director General of Health 1992(3) ERNZ 190 |
| Number of Pages | 16 |
| PDF File Link: | aa 361_07.pdf [pdf 54 KB] |