| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 193/08 |
| Hearing date | 15 May 2008 |
| Determination date | 28 May 2008 |
| Member | M Urlich |
| Representation | D Collins ; G Wilson |
| Location | Auckland |
| Parties | Romero v The Change Group Australia Pty Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Dismissal - Applicant claimed resignation amounted to unjustified constructive dismissal - Claimed following resignation was re-employed by respondent then unjustifiably dismissed later same day - Respondent claimed applicant resigned, and while discussions about re-employment entered into no conclusion reached - Applicant had worked at business for eight years prior to sale to respondent - Offered and accepted employment with respondent on existing terms and conditions - After three day’s employment applicant raised concerns about training, hours of work and personal safety - After meeting with respondent applicant believed hours would be varied, would be rostered to any branch and would lose entitlement to public holidays - Claimed changes were forcing resignation - Respondent argued told applicant no immediate changes would be made to hours but could be in future - Also did not believe any real safety concerns - Authority satisfied applicant's resignation came before any changes to terms of employment made - Proposed changes allowed under agreement - No evidence respondent breached any duty that could give rise to serious risk of resignation - Resignation not unjustified constructive dismissal - Authority found respondent could not offer employment on terms requested by applicant and so no offer made - No dispute applicant not employee prior to meeting following resignation - Applicant not person intending to work for purposes of s5 Employment Relations Act 2000 - No unjustified dismissal - Foreign Exchange Sales Consultant |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s5 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers' IUOW [1994] 1 ERNZ 168 |
| Number of Pages | 6 |
| PDF File Link: | aa 193_08.pdf [pdf 24 KB] |