| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 424 |
| Hearing date | 26 Sep 2014 |
| Determination date | 14 October 2014 |
| Member | A Fitzgibbon |
| Representation | N Santesso ; K Dunn |
| Location | Auckland |
| Parties | Wu v SkyCity Management Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant failed to report serious breach of respondent’s gambling rules - Respondent decided failure to report could be serious misconduct - Respondent commenced disciplinary investigation - Suspension - Applicant resigned during disciplinary investigation – Whether applicant forced to resign - Casino surveillance operator |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Applicant claimed respondent gave him choice of resignation or dismissal and disciplinary process was used to force him to resign. Respondent fully informed applicant of rights. Applicant offered a support person. Applicant given all relevant information. Applicant not forced to resign. Even if applicant constructively dismissed, respondent’s dismissal of applicant justified. No constructive dismissal |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Gambling Act 2003 |
| Cases Cited | Auckland Shop Employees Union v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA) |
| Number of Pages | 12 |
| PDF File Link: | 2014_NZERA_Auckland_424.pdf [pdf 2.9 MB] |