| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 342/02 |
| Hearing date | 13 Nov 2002 |
| Determination date | 26 November 2002 |
| Member | K J Anderson |
| Representation | S Fonua ; L Campbell |
| Location | Auckland |
| Parties | Toa v Metal Smelters (Auckland) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged discrimination on basis of union membership - Resigned due to combination of incidents - Informed respondents he was leaving for medical reasons - Manager tried to persuade applicant to stay - Resignation voluntary on grounds of ill health - No unreasonable actions or pattern of behaviour on part of respondent - No substance to allegations concerning discrimination - No evidence that serious concerns were raised by applicant prior to resignation - No unjustified dismissal - COSTS - Applicant legally aided - Liability for costs extended only to amount of contribution to legal aid - Contribution of $1,000 to costs appropriate in absence of legal aid - Metal worker |
| Result | Application dismissed ; No award for costs |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |