| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 42/08 |
| Hearing date | 2 Apr 2008 |
| Determination date | 16 April 2008 |
| Member | P R Stapp |
| Representation | M Donald (in person) ; P Churchman |
| Location | Wellington |
| Parties | Donald v Accident Compensation Corporation |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Respondent circulated restructuring proposal to applicant and co-workers in Human Resources Account Management (“HRAM”) positions and sought feedback – Applicant told during consultation process HRAM positions to be disestablished and new position to be created – Applicant and HRAMs raised issue about differences between old and new positions – Respondent identified new position applicant suitable for – Respondent offered and applicant accepted new position – Applicant requested early maternity leave and provided letter from midwife – Applicant provided medical certificate to doctor as required by respondent – Respondent disputed midwife’s letter and argued doctors certificate subject to further investigation and second opinion upon applicant’s return to work – Applicant raised disadvantage grievance and following failure to resolve issues at mediation resigned and raised dismissal grievance – Authority found applicant’s resignation neither foreseeable nor a result of respondent’s breaches – Authority rejected argument that applicant had no other option in employment with respondent – Found applicant did not put respondent on notice of details of claims and remedies sought – No unjustified dismissal – UNJUSTIFIED DISADVANTAGE – Authority satisfied proper consultation process carried out with applicant – Found applicant did not satisfactorily identify actions claimed to be unjustified – Authority accepted different roles had potential to disadvantage applicant but no changes actually made – Found applicant had not established any cause of action for which Authority could provide remedies – COSTS – Found applicant sufficiently well paid in current employment to contribute towards respondent’s costs |
| Result | Applications dismissed (Dismissal) (Disadvantage) ; Costs in favour of respondent ($2,500) |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | wa 42_08.pdf [pdf 40 KB] |