| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 266/02 |
| Hearing date | 23 Jul 2002- 24 Jul 2002 (2 days) |
| Determination date | 04 September 2002 |
| Member | T Woods |
| Representation | P Pa'u ; D Organ |
| Location | Auckland |
| Parties | Shaw v Auckland Kindergarten Association |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged harassment - Alleged unreasonable demands - Alleged procedurally unfair disciplinary process - Restructuring - Change in policy - Requirement to comply with certain standards and duties - Continual failure to attain standards - Several meetings held - Failure to inform of disciplinary nature of meetings rectified by subsequent meetings - Applicant failed to fulfil reasonable requests - Respondent failed to take into account improvements made - Minor procedural flaw not significant to resignation - Applicant chose to resign - No constructive dismissal - Head teacher |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 ; ERNZ Sel Cas 582 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |