| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 293 |
| Hearing date | 27 May 2014 |
| Determination date | 09 July 2014 |
| Member | J Crichton |
| Representation | N Koreneff ; P Kirk |
| Location | Rotorua |
| Parties | Elsmore v Material Processing Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant casual employee - Triangular employment relationship - Contractual requirement for respondent to keep all bays at recycling centre open - Complaints by applicant about having to keep all bays open - Whether applicant told that free to leave at any time if not happy with arrangement - Recycler |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Holiday pay included in each fortnight's pay. Applicant worked range of days and range of hours. Applicant casual employee. Comments by respondent's manager ill advised but did not amount to constructive dismissal. Applicant cross and might have behaved precipitately in respect of continuation of employment. No sending away. Fair and reasonable employer could conclude that manner of applicant's behaviour, including two notifications of applicant's intentions, indicated applicant resigning. Applicant resigned. Applicant did not act promptly to inquire into position with respondent. No dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Kostic v Dodd t/a Allan Milligan Cars and/or Motorworld Systems Ltd t/a Allen Milligan Cars unreported, Couch J, 11 July 2007, CC14/07 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Auckland_293.pdf [pdf 166 KB] |