| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 39 |
| Hearing date | 19 Jan 2011 |
| Determination date | 28 January 2011 |
| Member | K J Anderson |
| Representation | D Hayes ; E Burke |
| Location | Hamilton |
| Parties | Prasad v Breakspeare Industries Ltd t/a Coastline Property Services |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Respondent argued no constructive dismissal as applicant failed to return to work after period of unexplained absence – Argued applicant deemed to have terminated employment of own free will – Applicant suffered heart attack and hospitalised – Applicant returned to work following short period of recuperation – Applicant accompanied by co-worker for two weeks upon return to work – Respondent met with applicant to discuss complaint received from client regarding standard of grounds keeping by applicant – Applicant claimed told by respondent that work would be cut to three days and should expect 30 percent pay cut – Respondent argued client specifically asked applicant not attend grounds anymore at particular site – Respondent proposed applicant shift from grounds maintenance to cleaning – Authority did not accept applicant’s evidence that told by respondent salary would be cut by 30 percent – Applicant claimed when received email from respondent stating existing job finished and new conditions imposed was point when allegedly constructively dismissed – Authority found applicant never informed respondent was resigning – However, even if had resigned, resignation could not have been converted to constructive dismissal – Found evidence did not support conclusion that respondent intended to or did repudiate applicant’s employment agreement – Found no breach of employment terms and conditions to warrant applicant refusing to return to work – Found no unjustified constructive dismissal – Found applicant refused to return to work and such refusal justified termination of employment – Groundskeeper |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 |
| Number of Pages | 11 |
| PDF File Link: | 2011_NZERA_Auckland_39.pdf [pdf 38 KB] |