| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 292/10 |
| Hearing date | 1 May 2010 |
| Determination date | 22 June 2010 |
| Member | D King |
| Representation | A Swan ; R Harrison |
| Location | Auckland |
| Parties | Subramaniam v Sustainable Business Network Inc |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Respondent claimed deteriorating financial situation – Applicant claimed attended meeting and informed job to be disestablished – Applicant given letter outlining proposal to disestablish position – Applicant asked when job would finish and what would be paid out – Respondent claimed did not enter into discussion because process to go through – Applicant completed staff performance reviews and prepared letters indicating wage rises for staff – Respondent decided inappropriate to proceed with increases – Respondent emphasised no decision made about disestablishment of position in subsequent meeting – Applicant’s lawyer claimed constructive dismissal and applicant and lawyer refused to attend further meetings with respondent – Respondent continued to pay applicant until decision finally made to disestablish position – Authority found applicant mistaken that decision already made to disestablish position – Found no constructive dismissal – Operations manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | aa 292_10.pdf [pdf 29 KB] |