| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 398 |
| Hearing date | 15-Dec-15 |
| Determination date | 16 December 2015 |
| Member | Robin Arthur |
| Representation | G Bennett ; M Nutsford |
| Location | Auckland |
| Parties | Tribe v J Scott and Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed constructively dismissed by respondent – COSTS – Respondent sought contribution towards costs – Accounts assistant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant’s words sufficiently clear and unequivocal to indicate intention to resign. Applicant’s own email and actions comprised acts of resignation. Respondent acted in good faith when promptly arranging applicant’s leaving work, given applicant’s health situation. Absence of written formality did not negate actual physical deed of resignation. No dismissal.;COSTS: Less than one day investigation meeting. Parties agreed to application of notional daily tariff. Applicant to pay respondent $3,000 contribution towards costs. |
| Result | Application dismissed ; Costs in favour of respondent ($3,000) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s174B;ERA s174E |
| Cases Cited | Taylor v Milburn Lime Ltd [2011] NZEmpC 164, (2011) 9 NZELR 275;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC), (2003) 3 NZELR 1;Fagotti v Acme & Co Ltd [2015] NZEmpC 135, (2015) NZELR 1 |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Auckland_398.pdf [pdf 204 KB] |