| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 11/08 |
| Hearing date | 28 Sep 2007 |
| Determination date | 17 January 2008 |
| Member | D King |
| Representation | K Single ; D Jacobson |
| Location | Auckland |
| Parties | Coates v Aerocool Ltd |
| Summary | PRACTICE AND PROCEDURE - Whether personal grievance raised within 90 days - Disadvantage claim clearly not raised within 90 days and taken no further by Authority - UNJUSTIFIED DISMISSAL - Constructive dismissal - Respondent planned restructuring - Initially indicated intention to disestablished applicant’s position but later advised restructuring of put on hold and applicant could continue in current position until proposal reactivated - Applicant considered lack of certainty regarding employment meant no option but to resign - Respondent followed fair and proper consultation process - Applicant’s resignation not caused by breach of duty by respondent - No constructive dismissal - Financial officer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Snoad v Ecolent Systems Developments Ltd 20 July 2000, EC, Auckland, Travis J |
| Number of Pages | 6 |
| PDF File Link: | aa 11_08.pdf [pdf 24 KB] |