| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 216/02 |
| Hearing date | 27 Jun 2002 |
| Determination date | 26 July 2002 |
| Member | K J Anderson |
| Representation | J Peebles ; M Smith |
| Location | Auckland |
| Parties | Hutchings v Graham & Karianne Wills t/a Kohunu Farm Partnership |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Poor performance - Required to rotate stock according to specific plan - Chose to undertake management without following plan - Issued with formal warning - Alleged unreasonable expectation placed upon position - Alleged concerted effort by respondent induced resignation - Expectations high - Respondent entitled to demand high standards - Entitled to require applicant to follow plan - No breach of duty - No constructive dismissal - Relief farm manager |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 ; [1985] 2 NZLR 372 |
| Number of Pages | 8 |
| PDF File Link: | aa 216_02.pdf [pdf 56 KB] |