| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 238/09 |
| Hearing date | 2 Apr 2009 - 3 Apr 2009 (2 days) |
| Determination date | 16 July 2009 |
| Member | Y S Oldfield |
| Representation | CJ Leathard (Applicant in person) ; G Steele |
| Location | Auckland |
| Parties | Leathard v S&S Foods Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed demotion caused disadvantage and breach of duty sufficiently serious to make resignation reasonably foreseeable – Respondent argued no demotion and applicant resigned voluntarily – Applicant promoted to manager at respondent - Applicant claimed subsequently advised by respondent’s director (“O”) another employee (“T”) would become manager and applicant subordinate to T – Applicant’s job title and remuneration remained unchanged - Applicant resigned by text message following day – Authority found applicant not demoted – Preferred O’s evidence applicant misunderstood respondent’s plan to make both T and applicant managers of different stores – Found applicant not required to follow T’s directions and did not suffer change in job title or remuneration – Found applicant resigned prematurely without putting concerns to O first – No disadvantage – No constructive dismissal – RECOVERY OF MONIES – Applicant claimed respondent made undertaking to pay for relocation costs – Authority found no evidence to support claim - COUNTERCLAIM – Penalty – Breach of confidentiality – Respondent sought penalty for breach of s148 Employment Relations Act 2000 (“ERA”) – Parties entered into mediation where applicant declined respondent’s settlement offer – Applicant subsequently disclosed details of mediation offer to co-workers – Respondent claimed penalty should be awarded to signal to other employees breach of confidentiality serious matter - Authority found applicant breached s148 ERA – Found no jurisdiction under s133 ERA to award penalties for breach and no submissions from respondent to persuade otherwise – Penalty declined – Store Manager |
| Result | Application dismissed ; Counterclaim dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s133;ERA s133(1)(b);ERA s148(1);ERA s148(3);ERA s149 |
| Number of Pages | 8 |
| PDF File Link: | aa 238_09.pdf [pdf 29 KB] |