| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 137/07 |
| Hearing date | 2 Aug 2007 |
| Determination date | 06 December 2007 |
| Member | J Crichton |
| Representation | S Wilson ; J Golstein |
| Location | Christchurch |
| Parties | Cox v Kiwi Green Island Club Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant alleged lost control of duties central to employment - Applicant considered duties reallocated after parties discussed possibility of redundancy - When restructuring cancelled applicant sought to have duties contained in job description returned to him, especially master planning - Respondent did not consider job description reflected agreed duties - Applicant’s involvement with master planning changed when respondent arranged joint venture - Applicant involved in arrangement and knew or ought to have known consequences and made no objection - Not unreasonable to expect applicant as senior employee to raise concerns - Applicant not responsible for master planning in first place, therefore not subsequently stripped of responsibility - Applicant’s allegation put into radically different position from that previously occupied not accepted - Applicant also complained about shortage of work - Claimed work whittled away to such extent had no alternative but to resign - Authority not satisfied claim made out - Project management, by its nature, subject to fluctuations in work load - Authority not satisfied situation anything other than effect of business process - No disadvantage - UNJUSTIFIED DISMISSAL - Constructive dismissal - Inappropriate pressure placed on applicant to sign amendment to employment agreement removing entitlement to redundancy compensation - Respondent accepted matter handled badly - Breach of statutory obligation to act in good faith and implied term of fair and reasonable treatment - Applicant left with no other action than to leave - Constructive dismissal - Remedies - Global compensation award also dealt with breaches of good faith and implied term - Project manager |
| Result | Application granted in part ; Reimbursement of lost wages ($21,342.99) ; Compensation for humiliation etc ($9,000) ; Disbursements ($70)(Filing fee) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 |
| Number of Pages | 15 |
| PDF File Link: | ca 137_07.pdf [pdf 50 KB] |