| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 231/10 |
| Hearing date | 27 Aug 2010 |
| Determination date | 15 December 2010 |
| Member | J Crichton |
| Representation | G Strang ; J Eddy |
| Location | Blenheim;Christchurch |
| Parties | Anderson v The Salmon Farm Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Respondent contracted to pick up freight for freight forwarder (“F”) – Incident where respondent required to transport roses for business – Altercation occurred between applicant and loader who was effectively agent of F – Applicant claimed proposed loading regime unsafe – Subsequently when applicant and loader unable to resolve matter, applicant locked up truck and walked away – Respondent’s representative (“S”) telephoned by F who argued applicant’s actions apparently placed whole contract in jeopardy – Subsequently respondent provided applicant letter proposing to reduce applicant’s per trip payment and to change applicant’s status from permanent to casual employee – Applicant upset and stressed upon receiving letter – S denied knowing applicant type 2 diabetic – Applicant claimed S knew applicant was type 2 diabetic – Applicant claimed stressed and declined to work – Applicant obtained medical certificates providing 2 weeks sick leave – Authority found commentary suggested parties engaged in continuing dialogue and doubt must be expressed at applicant’s evidence that unsuccessful in communicating availability to respondent – Found S’s fax to applicant could not be read as dismissal – Found little or no documentary evidence about exchanges between parties – However, found sufficient evidence to conclude genuine two-way exchange about applicant returning to work – Found resignation not reasonably foreseeable – Found breaches of communication obligations by each party but not persuaded employer’s purpose to bring employment relationship to end – Found applicant overreacted to situation, cost employer significant amount of money as consequence, but employer chose to resolve issue to client’s satisfaction rather than undertake disciplinary action – Found respondent’s actions those of fair and reasonable employer – Found no unjustified disadvantage – No constructive dismissal – ARREARS OF HOLIDAY PAY – Found applicant owed $2,024 arrears of holiday pay – Truck driver |
| Result | Applications dismissed (Constructive dismissal)(Unjustified disadvantage) ; Arrears of holiday pay ($2,024.00) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 10 |
| PDF File Link: | ca 231_10.pdf [pdf 37 KB] |