| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 21/10 |
| Hearing date | 27 Jan 2010 |
| Determination date | 03 February 2010 |
| Member | J Crichton |
| Representation | J Sanders ; G Molloy |
| Location | Hokitika |
| Parties | Macfarlane and Anor v Callery Holdings Ltd |
| Other Parties | Macfarlane |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicants resigned following altercation with director – First applicant expected to have larger role in strategic management – First applicant punctured tyre on front end loader – Director claimed applicant continued to drive and ruined inner tube as well as tyre – Vigorous altercation ensued between applicant and director – Applicants instructed to collect tussocks – Respondent argued applicants failed to follow instructions – Meeting held to discuss events and performance issues – Director alleged first applicant blamed other staff – Director invited staff to meeting so first applicant could tell them what he thought of them – First applicant declined to conform – First applicant claimed director announced intended appointment of new foreman – Director denied allegation – Applicants argued positions became untenable – Applicants subsequently resigned – Authority found parties had fundamentally different views about first applicant’s role – Found agreement could be construed to allow both interpretations – Found situation soured when applicants realised employment relationship not what was contemplated – First applicant had difficulty taking instructions as more experienced – Found altercation between parties led to steadily increasing tension and unhappiness – Authority rejected claim director going to appoint new foreman – Found director angry about damage to loader – Found bad temper only grounds to claim constructive dismissal – Found unforeseeable consequence that behaviour would prompt resignations – No constructive dismissal – Foreman |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Number of Pages | 13 |
| PDF File Link: | ca 21_10.pdf [pdf 46 KB] |