| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 127/02 |
| Hearing date | 19 Nov 2002 |
| Determination date | 06 December 2002 |
| Member | P Cheyne |
| Representation | PW Montgomery ; D Standring |
| Location | Christchurch |
| Parties | Van Drongelen v Board of Trustees of North New Brighton Primary School |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether breach of duty causing resignation - Wrote letter to Board of Trustees' chairperson complaining of principal's bullying behaviour - Overheard conversation two days later between principal and male teacher - Mistook male teacher's voice for that of chairperson's - Rang chairperson after no response to letter - Accused chairperson of lying when he denied having spoken to principal - Went on sick leave and later resigned - No breach of duty - Only potential breach was chairperson's alleged lie - Chairperson had not spoken to principal and had not lied - No constructive dismissal |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA Part 9;ERA Part 10 |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 ; [1985] 2 NZLR 372 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |