| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 109 |
| Hearing date | 25-May-15 - 26-May-15 (2 days) |
| Determination date | 10 November 2015 |
| Member | M B Loftus |
| Representation | T Booth (in person) ; A Hall, J Avery |
| Location | Palmerston North |
| Parties | Booth v Coo-ee Drycleaning Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant forced to resign |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL - Applicant’s notes of events written sometime after events occurred. Inconsistency between account of events in applicant’s letter to employer raising grievance and the applicant’s statement of problem. Respondent’s evidence consistent. Resignation not foreseeable. Applicant failed to discharge onus of proving respondent induced resignation. No dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Wellington_109.pdf [pdf 157 KB] |