| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 229 |
| Hearing date | 5 Jun 2013 |
| Determination date | 07 June 2013 |
| Member | T G Tetitaha |
| Representation | R McNaughton ; A S Menzies |
| Location | Hamilton |
| Parties | Ansley v Elite Innovation Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant on ACC after work place accident - Applicant recorded conversation with respondent without consent - Respondent suggested applicant say injury 'still sore' to extend compensation - Applicant claimed respondent suggested no work for applicant and applicant thought dismissed unless able to extend compensation - Whether respondent attempted to induce applicant to commit fraudulent action - Fitter and welder |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Conflicting evidence and dispute about conversation. No evidence alleged conversation pre-planned. Conversation appeared to be frank conversation about position of respondent. Suggestion to extend compensation unwise on respondents part but did not leave applicant no choice but to resign. Possible misunderstanding. Conversation unwise but not likely to destroy or seriously damage relationship of trust and confidence. No constructive dismissal. |
| Result | Application dismissed; Costs reserved |
| 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;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136; [1985] 2 NZLR 372;Review Publishing Co Ltd v Walker [1996] 2 ERNZ 407;Wellington, Taranaki and Malborough Clerical etc IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95 |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Auckland_229.pdf [pdf 157 KB] |