| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 288/10 |
| Hearing date | 23 Mar 2010 |
| Determination date | 17 June 2010 |
| Member | D King |
| Representation | M Robson ; J Burley |
| Location | Auckland |
| Parties | Ka v National Pacific Radio Trust Inc |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed respondent’s unilateral cancellation of sports programme originally assigned to applicant constituted breach of employment agreement (“EA”) – Claimed breach of EA together with respondent’s improper conduct induced resignation - Respondent argued applicant resigned voluntarily – Applicant hosted sports programme – Respondent unilaterally cancelled programme due to financial difficulties – Respondent advertised for new “Head Announcer” position – Applicant claimed new position applicant’s position therefore unjustifiably dismissed – Respondent argued advertised position substantively different as included managerial and senior duties – Applicant invited to apply for new position – Respondent held meeting to advise employees existing positions, including applicant’s position, would not change – Applicant not present at meeting - Parties sent series of emails disputing whether respondent breached EA by advertising new position – Respondent continuously confirmed applicant’s EA remained otherwise unchanged – Respondent endeavoured to expand applicant’s existing role – Applicant sought sick leave - Respondent unsuccessfully sought applicant’s return to workplace after leave expired - Advised did not want applicant to resign – Applicant resigned advising respondent breached trust and confidence for failing to provide safe workplace – Applicant withdrew bullying and intimidation allegations from statement of problem – Respondent’s evidence preferred – Authority found new position substantively different from applicant’s position – Found new position contained managerial duties and higher salary whereas applicant’s position did not – Found although applicant withdrew bullying allegations, clear applicant’s belief being bullied formed significant part of decision to resign – Found respondent breached EA by unilaterally cancelling programme – Found however, applicant’s EA remained substantively unchanged – Found respondent endeavoured to resolve employment relationship problem through proper procedures – Found respondent did not pursue course of conduct with deliberate intention of inducing resignation – Found applicant not constructively dismissed – Head Announcer/Sports Programme |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | Charitable Trust Act 1957 |
| Number of Pages | 16 |
| PDF File Link: | aa 288_10.pdf [pdf 48 KB] |