| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 128/02 |
| Hearing date | 1 Nov 2002 |
| Determination date | 10 December 2002 |
| Member | H Doyle |
| Representation | R Davidson ; R Gibson |
| Location | Christchurch |
| Parties | Crampton v Tait Electronics Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether misled or deceived about nature of job offered - Whether breach of Fair Trading Act 1986 - Job description clearly set out position offered - Applicant did not sufficiently make concerns about job known to employer - Not misleading as to nature of job - No breach of Fair Trading Act 1986 - Whether breach of implied duty to provide safe workplace - Endeavours made to accommodate applicant's sensitivity to cold at her desk - No failure to provide safe workplace - Alternatively breach not serious enough to make resignation reasonably foreseeable - No constructive dismissal - Test analyst |
| Result | Application dismissed ; Costs reserved |
| Statutes | Fair Trading Act 1986 s12 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] ERNZ 168 ; [1994] 2 NZLR 415 |
| Number of Pages | 10 |
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