| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 358/02 |
| Hearing date | 2 Dec 2002 |
| Determination date | 10 December 2002 |
| Member | K Raureti |
| Representation | G Walsh ; G Pollak |
| Location | Auckland |
| Parties | Rouse v AFFCO New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant suffered work injury - Unable to perform certain duties - Graduated return to work programme devised - Applicant claims scheme not followed by employers - Whether unfair treatment - No breach of duty by respondent sufficient to constitute constructive dismissal - COSTS - Applicant legally aided - No exceptional circumstances - Entitled to contribution equivalent to legal aid contribution - Labourer |
| Result | Application dismissed ; Costs in favour of respondent (Quantum reserved) |
| Statutes | Legal Services Act 2000 s40(2) |
| Cases Cited | Auckland etc Shop Employees' etc IUOW v Woolworths (NZ) Ltd [1985] ACJ ; [1985] 2 NZLR 372;Wellington etc Clerical Workers Union re Gray v Greenwich [1983] ACJ 965 |
| Number of Pages | 5 |
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