| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 314/02 |
| Hearing date | 12 Aug 2002 - 20 Sep 2002 (2 days) |
| Determination date | 23 October 2002 |
| Member | R A Monaghan |
| Representation | B Nabney ; K Stretton |
| Location | Auckland |
| Parties | Thomas v James Gilmour & Co Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether dismissed or resigned - Altercation following failure to load truck - Intimidating and threatening behaviour - Suspended - Alleged suspension amounted to dismissal - No actual dismissal - No breach of duty sufficient to warrant resignation - The Warehouse Ltd v Cooper distinguished - No constructive dismissal - Delivery driver |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | The Warehouse Ltd v Cooper [2000] 2 ERNZ 351 |
| Number of Pages | 5 |
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