Work dilemma

Soldato
Joined
31 Jan 2004
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11,299
Location
Matakana New Zealand
A couple of weeks ago, we told our employer that we were planning on migrating to New Zealand late in 2017, saying it was only fair we gave them as much notice as possible (a year).
Today, I found out that they have secretly re-emloyed an ex employee (I shall name him Bob for the sake of this topic). Bob was employed when I started in March 2014. he seemed to have a split personality, one day he was happy, the next he was very moody, and often took it out on me. Bob didn't seem to like me for whatever reason he had and it was uncomfortable working with him to the point I was considering my options. I loved my job but I felt I was treading on eggshells whenever I was working with him as i’d never know what kind of mood he was in.
I decided that it would be best to try to just get on with it and keep my head down. I made it clear to my employers that I was uncomfortable at the time.
In the end, Bob walked out of the workplace during an evening shift in September 2014ish, blaming me, saying how he hoped I would get sacked and how he wanted to slap me. Since then, I have loved working at my workplace and we have a great team in the kitchen (for almost 2 years the same team) and have had no issues since Bob quit.

I don’t know the motives for bringing Bob back, why would you re-employ somebody who walked out on you? Surely my employers know it’s going to cause friction in the workplace and I already dread the fact I am going to have to work with him to the point i’m considering giving my notice.

I am very popular at my work place and have built a fantastic reputation for our food and a lot of customers love me and always comment when i've been on holiday how it just hasn't been as good.

My question is, if i do feel that i cannot work here with Bob, and i quit my position as a direct result of my employers actions, do i have a case for constructive dismissal? What kind of evidence do i need to bolster it up?
 
Soldato
OP
Joined
31 Jan 2004
Posts
11,299
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Matakana New Zealand
Eh?

If you quit that is on you, not them!

constructive dismissal
noun
noun: constructive dismissal

the changing of an employee's job or working conditions with the aim of forcing their resignation.
"employees may be entitled to claim constructive dismissal"

Constructive dismissal - Wikipedia
https://en.wikipedia.org/wiki/Constructive_dismissal
In employment law, constructive dismissal, also called constructive discharge or constructive termination, occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is in effect a termination.
 
Soldato
OP
Joined
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Posts
11,299
Location
Matakana New Zealand
Why on earth did you give them anymore than your contracted notice?

Eh? I haven't quit. I haven't given my notice, i'll wait and see what happens when he starts working again, i've told my employers my concerns but they have said he's a changed person etc etc, but i just can't see him and i getting along for reasons in the past.
 
Soldato
OP
Joined
31 Jan 2004
Posts
11,299
Location
Matakana New Zealand
Both my wife and I work there together, we have for nearly three years almost. I always had a lot of respect for my employer, they were always family lime and it was always on the cards that we were going to NZ as I need to get there before I'm 45 for pension purposes. The idea was to give as much notice as possible to give enough time to have someone trained up to my standard by the time I go. That won't take 4 weeks! Maybe I'm being paranoid and they don't realise how I would feel but ultimately, he left on bad terms with both me and my employer.
I always expected them to line up a replacement, bug not someone else who basically left them in the proverbial poo. He wasn't even a good chef!
I'm just going to put it straight to him that he's coming into an established team and he needs to fit in or **** off anyway.
 
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