| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 128/10 |
| Hearing date | 1 Jul 2010 |
| Determination date | 26 July 2010 |
| Member | D Asher |
| Representation | G Selman ; G Taylor |
| Location | Napier |
| Parties | McColl v Disability Training Services Hawkes Bay Trust Board |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed following respondent’s breach of good faith obligations – Respondent argued no breach of obligations and no constructive or actual dismissal – Applicant raised personal grievance at meeting – Respondent undertook to resolve grievances by apologising and returning original duties to applicant – Respondent engaged in restructuring process - Applicant advised position may be made redundant and to apply for new positions – Meeting held – Conflict of evidence whether applicant advised made redundant as did not apply for new positions – Applicant claimed lost trust and confidence in respondent as respondent’s undertakings had not resulted in changes – Respondent advised applicant would look into matter and temporarily suspend redundancy – Personal grievance for unjustified dismissal raised – Respondent subsequently abandoned restructuring process and offered applicant employment in previous position - Applicant declined claiming offer not genuine – Applicant resigned – Authority found applicant’s grievances addressed and resolved by respondent – Found applicant did not raise ongoing concerns about grievance matters after meeting – Found respondent gave applicant sick/special leave when contractual entitlements exhausted - Found respondent offered in good faith ongoing employment in similar if not identical role to previous position – Found applicant’s continuing employment until resignation contradicted claim lost trust and confidence in respondent – Found no constructive or actual dismissal – Customer service/Quality control |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 |
| Cases Cited | Air New Zealand v V (2009) 9 NZELC 93,209 |
| Number of Pages | 9 |
| PDF File Link: | wa 128_10.pdf [pdf 25 KB] |