| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 381/07 |
| Hearing date | 28 Aug 2007 |
| Determination date | 03 December 2007 |
| Member | D King |
| Representation | R Harrison ; G Cunningham |
| Location | Auckland |
| Parties | Ford v Gold Seal International Ltd |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Constructive dismissal - Applicant advised respondent of history of back pain before employed - Remuneration package included company vehicle - Driving car aggravated back pain and asked that vehicle be changed - Occupational therapist concluded vehicle aggravated condition but decision to change car was respondent’s - Respondent contacted Labour Department - Advised situation was health and safety issue and applicant should provide medical certificate - Parties continued meeting while applicant on sick leave - Attempted to find other work for applicant and later negotiated exit package - Respondent believed termination mutual but applicant considered herself dismissed - Respondent attempted to clarify situation and advised applicant position remained open - Applicant argued respondent did not take all practicable steps to prevent harm and should have explored changing vehicle more fully - Insufficient evidence of causation to decide issue - Letter outlining exit package not a dismissal - Discussion about alternative position merely proposal - However, despite respondent’s assertions she remained employed, Authority of view employment terminated as applicant alleged constructive dismissal and considered employment at end - No dismissal - ARREARS OF WAGES AND HOLIDAY PAY - Arrears due and owing - Interest 10.8 percent - Sales manager |
| Result | Application granted (Arrears) ; Arrears of wages and holiday pay (Quantum to be determined) ; Interest (10.8%) ; Application dismissed (Personal grievance) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local;Authorities Officers IUOW [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] 2;NZLR 372;Wellington etc Clerical etc IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 8 |
| PDF File Link: | aa 381_07.pdf [pdf 39 KB] |