| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 300 |
| Hearing date | 9 Jul 2013 |
| Determination date | 15 July 2013 |
| Member | A Fitzgibbon |
| Representation | D McCall (in person) ; B Eddleston (director of respondent) |
| Location | Auckland |
| Parties | McCall v Height-Worx Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant late to work – Applicant had heated discussions with supervisor – Applicant sought to leave early as not feeling well – Respondent requested medical certificate – Applicant claimed assaulted by supervisor – Abusive language – Applicant did not return to workplace – Whether failure to provide safe workplace – Whether applicant abandoned employment – Labourer/Scaffolder |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant did not report to work until contacted. Supervisor did not assault applicant. Respondent sought to make contact with applicant. Applicant abandoned employment. No constructive dismissal. |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Auckland_300.pdf [pdf 162 KB] |