| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 370 |
| Hearing date | 14 Aug 2013 |
| Determination date | 20 August 2013 |
| Member | J Crichton |
| Representation | M Dreaneen ; P Swarbrick |
| Location | Auckland |
| Parties | Vaai v Moana Pacific Fisheries Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Fish fillets discovered in applicant’s locker - Union official proposed applicant be allowed to resign employment rather than risk dismissal for serious misconduct - Fish Filleter |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant volunteered resignation during disciplinary process avoiding potential finding of serious misconduct, therefore acquired benefit from the resignation allowing respondent to successfully plead accord and satisfaction. Proposal that applicant resign initiated by union official and not influenced by respondent. Union official had requisite knowledge and experience to act for applicant and nothing improper in managers and union officials collaborating to resolve issues. Respondent told applicant dismissal may be outcome of investigation but at no time said applicant would be dismissed. Applicant estopped from pursuing personal grievance. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Legal Services Act 2011 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Auckland_370.pdf [pdf 164 KB] |