| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 279/02 |
| Hearing date | 18 Jun 2002 - 20 Jun 2002 (3 days) |
| Determination date | 16 September 2002 |
| Member | Y S Oldfield |
| Representation | G Pollak ; A Caisley, P Kiely |
| Location | Auckland |
| Parties | Yukich v Carter Holt Harvey Ltd Kinleith |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Serious misconduct - Alleged wilful disobedience - Attended health and safety training course despite declination of application for leave - Alleged unreasonably withheld leave - Applied for leave under 'union business' clause in collective employment agreement - Suggestion to apply for annual leave attached to declined application - Reason for declining leave cited as need to maintain staffing levels - Application declined day before course commenced - Entitled to decline leave applied for under 'union business' - Reasons for declining leave confused and contradictory - Unreasonable delay in declining leave - No warnings issued for failure to attend work - No instruction given - No wilful disobedience - Disparity of treatment - Common practice to assume leave granted unless informed otherwise - Entitled to assume annual leave approved - Conduct did not amount to serious misconduct - Forced to resign under threat of dismissal - Remedies - Contributory conduct - Issued trespass order against manager - Order remained in force until investigation meeting - Employment relationship irretrievably damaged - Reinstatement inappropriate - Remedies reduced by 30 percent - Parties directed to mediation to determine remedies - Electrician |
| Result | Application granted ; Orders accordingly ; Parties referred to mediation ; Costs reserved |
| Cases Cited | Air New Zealand Ltd v Samu [1994] 1 ERNZ 93;Macadam v Port Nelson Ltd (No 2) [1993] 1 ERNZ 300 |
| Number of Pages | 26 |
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