| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 36/02 |
| Determination date | 08 April 2002 |
| Member | N Taylor |
| Representation | P MacDonald ; G Nation & J Hobbs |
| Location | Christchurch |
| Parties | Leslie v Drake Personnel NZ Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged breach of duty and breach of good faith caused resignation - Part-time hours increased to full-time - Believed working more hours than position warranted - Resigned following decision to reduce hours - Disputed whether agreed that work could be done in reduced hours - Not informed of purpose of meeting or likelihood of reduction of hours - No counselling offered - Constructive dismissal claim not made out - Not reasonably compelled to resign due to respondent's conduct - UNJUSTIFIED DISADVANTAGE - Disadvantage found pursuant to discretion under s122 ERA - Reduction in hours procedurally unfair - Requirements of good faith and consultation not met - Payroll clerk |
| Result | Application granted in part ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Statutes | ERA s4;ERA s103;ERA s122 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372;Christchurch City Council v Davidson [1996] 2 ERNZ 1 ; [1997] 1 NZLR 275;Coutts Cars Ltd v Baguley [2001] ERNZ 660 ; [2002] 2 NZLR 533;Elston v State Services Commission (No 3) [1979] 1 NZLR 218;Victoria University of Wellington v Haddon [1996] 1 ERNZ 139 ; [1996] 2 NZLR 409;Wellington Area Health Board v Wellington Hotel etc IUOW [1992] 2 ERNZ 466 ; [1992] 3 NZLR 658 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |