| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 430/09 |
| Hearing date | 15 Sep 2009 |
| Determination date | 02 December 2009 |
| Member | K J Anderson |
| Representation | L Darroch ; L Fremaux |
| Location | Auckland |
| Parties | Manning v Nga Wahine Atawhai O Matukutureia |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed constructive dismissal – Respondent claimed applicant chose to resign after finding alternative employment – Applicant offered contract with Ministry of Social Development (“MSD”) – Meeting held with respondent to obtain support for branch to administer and manage MSD contract – Authority found agreement to administer and manager MSD contract – Found applicant’s salary mutually agreed to – Two youth workers employed and worked from premises arranged by respondent – Applicant declined offer to work at same premises and continued to work from home – Respondent discovered applicant did not follow proper process in employing youth workers – Hui held to discuss proposed restructure and potential disestablishment of roles – Applicant indicated wanted to withdraw from restructure process and discuss exit package – Respondent unwilling to consider exit package until restructure completed – Applicant subsequently resigned – Applicant began new employment with another enterprise –Found applicant obtained alternative employment while on sick leave and respondent did not follow course of conduct deliberately aimed at coercing applicant to resign – No constructive dismissal – RECOVERY OF MONIES – Applicant worked from home – Office furniture purchased which respondent was to retain ownership of – Two year cell phone contract entered into in applicant’s name – Respondent prepared to reimburse applicant for cell phone rental but rejected liability for any period after applicant left employment – Applicant claimed agreement with respondent to be paid home office expenses – Found no signed employment agreement to support claim – Applicant claimed accommodation allowance – Rejected by Authority – Cell phone to be returned to respondent and liable for remainder of contract – Found applicant had no entitlement to redundancy payment because resigned before restructuring process completed – Counterclaim – Respondent sought order for applicant to return property – Found applicant had no right to retain office furniture – Office furniture to be returned to respondent – Branch President |
| Result | Application dismissed (unjustified dismissal) ; Application granted (recovery of monies) ($1,080)(cell phone contract) ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Number of Pages | 13 |
| PDF File Link: | aa 430_09.pdf [pdf 44 KB] |