| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 106/09 |
| Hearing date | 11 May 2009 |
| Determination date | 21 July 2009 |
| Member | P Montgomery |
| Representation | D McCormick ; J Goldstein |
| Location | Christchurch |
| Parties | Subash v Ilam Lifecare Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustified redeployment caused constructive dismissal – Claimed respondent assured applicant duties confined to rest home when employment commenced - Respondent argued no assurance made and entitled to redeploy applicant – Respondent advised applicant shifts at rest home discontinued and redeployed to hospital – Applicant declined redeployment and asked respondent what notice needed to be given for resignation – Applicant resigned – Authority found respondent entitled to discontinue applicant’s current shifts and redeploy applicant at alternative worksite – Found applicant’s belief work confined to rest home mistaken and no assurance given – Found applicant ended employment relationship at own initiative – Authority declined to consider post-resignation incident - No constructive dismissal – Caregiver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 5 |
| PDF File Link: | ca 106_09.pdf [pdf 29 KB] |