| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 163/10 |
| Hearing date | 23 Mar 2010 |
| Determination date | 09 April 2010 |
| Member | R A Monaghan |
| Representation | W Maynard (in person) ; M Penny |
| Location | Auckland |
| Parties | Maynard v Smiley Farms Ltd |
| Summary | UNJUSITFIED DISMISSAL – Constructive dismissal – Applicant and wife jointly employed by respondent – Applicant resigned due to tension in relationship with respondent, unilateral changes to employment agreement because of ongoing disputes between respondent and wife and arrangements for use of four-wheeled motorbike ended – Authority found difficulties in relationship did not amount to breaches of duty – Found difficulties not reason why changes made to applicant’s employment agreement – Found new agreement necessary to apportion entitlements previously jointly held between applicant and wife – Found changes did not amount to unilateral alterations – Applicant’s wife’s employment agreement provided for four-wheel motorbike – Found wife using motorbike after employment terminated – Respondent informed applicant no longer needed four-wheel motorbike on farm – Found no breach of obligations to applicant – Found respondent did not act with intention of coercing applicant to resign – Found no dismissal – Farm manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths (NZ) Limited [1985] 2 NZLR 372;Auckland Electric Power Board v Auckland Provisional District Local Authorities Officers IUOW [1994] 2 NZLR 415;Maynard v Smiley Farms Limited unreported, R A Monaghan, 25 March 2010, AA 140/10 |
| Number of Pages | 6 |
| PDF File Link: | aa 163_10.pdf [pdf 19 KB] |