| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 516 |
| Hearing date | 6-7 Nov 2013 |
| Determination date | 13 November 2013 |
| Member | R Arthur |
| Representation | S Fonua ; D Erickson |
| Parties | Hellesoe v Alto Packaging Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Employee reported applicant caught arm in machinery -;Applicant made verbal threat towards employee and physical confrontation followed -;Applicant claimed kicked while on ground by employee - Applicant resigned during disciplinary meeting - Factory hand |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Respondent met standard of reasonableness in way gathered and assessed information from employees. Witness evidence sufficient for respondent to conclude applicant not saying what had really happened. Possible flaw in respondent’s process around assessing cause of applicant’s bruising but minor defect not resulting in applicant being treated unfairly. Applicant advised to resign by union representative and advice not result of fault or failing of respondent. No need for respondent to offer cooling off period before accepting resignation. Disciplinary process not hurried and applicant had notice of meetings and representation throughout. Respondent entitled to accept that applicant’s resignation considered response not made rashly in heat of moment. No constructive dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(5);ERA s174;Legal Services Act 2011 s45;Legal Services Act 2011 s46 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Timu v Waitemata District Health Board [2007] ERNZ 419;Waitemata District Health Board v Timu [2007] ERNZ 673 |
| Number of Pages | 12 |
| PDF File Link: | 2013_NZERA_Auckland_516.pdf [pdf 244 KB] |