| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 127/10 |
| Hearing date | 25 Mar 2010 |
| Determination date | 28 May 2010 |
| Member | J Crichton |
| Representation | M Thomas ; J Douglas |
| Location | Queenstown |
| Parties | Wilson v ABC Developmental Learning Centres (New Zealand) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed respondent unilaterally required applicant to accept unpaid leave – Claimed respondent improperly deducted annual leave entitlement – Respondent argued applicant failed to notify respondent when annual leave would be taken to put applicant on leave to meet statutory and business obligations – Authority found employment agreement (“EA”) required applicant to take annual leave with statutory holiday entitlement – Found applicant failed to engage with respondent when leave would be taken – Found appropriate for respondent to infer from time records when applicant would most likely take leave – Found respondent had legitimate expectation applicant would advise when annual leave would be taken – Found acceptable for respondent to intervene when expectation breached – Found no evidence unlawful deductions made - No disadvantage - UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed as respondent made applicant’s graduated return to work after non-work injury difficult – Respondent followed applicant’s rehabilitation plan – Meeting held – Respondent unable to obtain information when applicant would return to work – Respondent indicated unless return date given, may have to terminate employment relationship for incapacity – Applicant claimed respondent’s statement breached obligations therefore entitled to repudiate EA – Applicant’s doctor undertook to issue medical clearance for applicant’s return – Respondent made arrangements to provide support to applicant upon return – Applicant resigned – Authority found respondent did not hinder applicant’s graduated return to make resignation reasonably foreseeable – Found respondent expected applicant to return however applicant unexpectedly resigned – Found although respondent made clear at meeting may have to contemplate terminating employment relationship, parties concluded at meeting applicant would return – Found no basis for claim applicant entitled to repudiate EA – No constructive dismissal – Manager |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Holidays Act 2003 |
| Number of Pages | 9 |
| PDF File Link: | ca 127_10.pdf [pdf 28 KB] |