Good Faith - Employment Relations Act 2000
Busing v Autoterminal New Zealand Ltd
17 Dec 2007, V Campbell, AA 395/07, (10 pages)
UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant offered promotion to salesperson - Alleged accepted on basis could return to “old job” - Respondent agreed could return to yard but claimed did not promise could return as manager - After six weeks asked to move back to yard - Disagreement over whether returned to yard manager role or general position - No new yard manager appointed, but respondent had reallocated duties - No current vacancy in yard but applicant accommodated - Applicant not returned as manager, but he believed held position of authority - Led to difficulty with other employee - When co-worker proffered resignation, respondent offered him option of becoming yard manager - Respondent intended to discuss situation with applicant first - Applicant believed being demoted and went on sick leave - Did not return and raised constructive dismissal - Co-worker declined offer and resigned - Applicant aware of this but did not contact respondent - Respondent to take some responsibility for misunderstanding as no new employment agreement provided - Breach of duty, however, not so serious that reasonably foreseeable applicant would resign - Respondent attempted to contact applicant to discuss situation but he failed to return calls - Would have provided opportunity to resolve issues - No constructive dismissal - GOOD FAITH - Evidence did not support allegation respondent breached obligation to act in good faith during events leading up to resignation - Car yard worker
Result:
Application dismissed ; Costs reserved
