| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 355/10 |
| Hearing date | 1 Jul 2010 |
| Determination date | 12 August 2010 |
| Member | R A Monaghan |
| Representation | J Robertson ; R Parmenter |
| Location | Auckland |
| Parties | Logan v Vets on Waiheke Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Shareholders and directors of respondent husband (“X”) and wife (“Y”) - Applicant claimed constructively dismissed following respondent’s unilateral change of employment duties – Respondent argued no breach of duty and applicant voluntarily resigned – Parties discussed reception and assistant veterinary duties as part of applicant’s potential employment – No written employment agreement (“EA”) or job description provided before applicant commenced employment – X and applicant disagreed on veterinary practices causing tension in employment relationship – Managerial meeting held to discuss applicant’s duties – Respondent concerned about applicant wanting to be involved in veterinary work when primary duty should be customer service – Respondent drafted job description and Y would discuss description with applicant – Applicant enquired to X what was discussed at meeting – X advised viewed applicant as unwilling and resistant to carry out primary reception duties – Applicant advised X believed employed in assistant veterinary position – Applicant resigned with notice – Respondent unsuccessfully attempted to remedy situation by inviting applicant on social outing whilst presenting draft job description – Description provided primary duties reception/customer service while veterinary/nurse duties secondary – Applicant declined job description – Personal grievance raised – Authority found employment relationship problem caused by disagreement between X and applicant over veterinary practices – Found unlikely written job description would have made any difference to problems – Found premature for applicant to conclude respondent breached duty by not providing veterinary work when respondent business just opened and little veterinary work available – Found job description was draft and not evidence of unilateral change of duties – Found resignation pre-empted any attempt to finalise description – No constructive dismissal - UNJUSTIFIED DISADVANTAGE – Applicant claimed failure to provide written EA caused disadvantage – Authority found in any event, written EA would not make any difference to employment relationship – Claimed respondent’s failure to keep time and wage records caused disadvantage – Found compliant payroll system not yet implemented as respondent business being set-up – Found applicant’s own responsibility to keep track of work hours – Found disadvantage claim not sufficiently particularised – No disadvantage - GOOD FAITH – Applicant claimed respondent breached good faith obligations by unilaterally changing duties – Authority found no breach – Applicant claimed respondent failed to provide safe workplace – Found claim not particularised – Found parties’ disagreement over veterinary practices did not constitute breach of obligations by respondent – Claimed respondent failed to respond to employment relationship problems – Found respondent took steps to resolve problem – No breach of good faith - PENALTY – Authority found penalty claim failed in its entirety as applicant could not establish respondent had breached any duties to warrant penalty award – Found s63A Employment Relationship Act 2000 not relied on by applicant - Penalty declined – Receptionist/Assistant veterinary nurse |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1);ERA s63A;ERA s65;ERA s130;ERA s130(1);ERA s133(1)(b) |
| Cases Cited | Auckland Electric Power Board v Auckland Provisional District Local Authorities Officers IUOW [1994] 2 NZLR 415;Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168;Auckland etc Shop Employees IUOW v Woolworths NZ Limited [1985] 2 NZLR 372;The Wellesley Ltd v Adsett unrep, Shaw J, 2 Dec 2007, WC 31/07 |
| Number of Pages | 15 |
| PDF File Link: | aa 355_10.pdf [pdf 48 KB] |