| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 249 |
| Hearing date | 15 Jul 2015 |
| Determination date | 17 August 2015 |
| Member | R Larmer |
| Representation | J Abair (in person) ; M McGowan |
| Location | Auckland |
| Parties | Abiar v Glen Innes Food Warhouse Ltd t/a Pak N Save Glen Innes |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Grocery assistant |
| Abstract | UNJUSTIFIED DISMISSAL: Respondent tried to sort problems between applicant and other employee. Respondent encouraged applicant to return to work and raise concerns so they could be addressed. Respondent made it very clear that applicant valued employee and wished applicant to stay. Applicant not forced to resign by respondent’s conduct but resigned of own accord. No dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA) |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Auckland_249.pdf [pdf 221 KB] |