| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 2/10 |
| Hearing date | 1 Dec 2009 |
| Determination date | 07 January 2010 |
| Member | D Asher |
| Representation | K Berry ; G Gowland |
| Location | Wellington |
| Parties | Janor v Capital Air Conditioning and Refrigeration Ltd t/a Temperature Solutions |
| Summary | PERSONAL GRIEVANCE – Redundancy – Constructive dismissal – Applicant claimed respondent actively and expressly planned to make position redundant – Applicant alleged was managed out – Applicant told manager reluctantly seeking other employment opportunities due to manager’s behaviour toward applicant – Applicant claimed manager was encouraging and stated position likely to be made redundant – Applicant claimed manager not interested in discussing alternatives to redundancy – Applicant subsequently resigned – Respondent denied redundancy allegations and in fact short staffed in applicant’s area – Respondent claimed applicant made clear interest in obtaining alternate work, not because applicant concerned about possibility of redundancy – Respondent claimed manager encouraged pursuit to find more satisfying work – Authority found unlikely respondent contemplated redundancy in respect of applicant’s position – Found no reference in applicant’s resignation letter to it being forced – Found no evidence of any breach by respondent to make it reasonably foreseeable was substantial risk applicant would resign – Assistant administration manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(b) |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths New Zealand Limited [1985] 2 NZLR 372 |
| Number of Pages | 7 |
| PDF File Link: | wa 2_10.pdf [pdf 25 KB] |