| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 131 |
| Hearing date | 5-Feb-16 |
| Determination date | 02 May 2016 |
| Member | Andrew Dallas |
| Representation | J Noble ; P Elder |
| Location | Auckland |
| Parties | Va'a v Huhtamaki Henderson Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Appropriate for respondent to hold disciplinary process in circumstances. Respondent carried out fair and reasonable investigation and complied with procedural fairness requirements. Fair and reasonable employer could have proposed to dismiss applicant in circumstances. Respondent did not breach duty to applicant and did not propose that applicant resign. Applicant resigned of own volition. No dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124;ERA s174E;Legal Services Act 2011 s45;Legal Services Act 2011 s46 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers Industrial Union of Workers Inc [1994] 2 NZLR 415 (CA);Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);Lloyd v Museum of New Zealand Te Papa Tongarewa [2003] 2 ERNZ 685 (EmpC);Marshall Cordner & Co v Canterbury Clerical Workers IUOW [1986] 2 NZLR 431 (CA);NCR (New Zealand) Ltd v Jones [1998] 3 ERNZ 222 (EmpC);Wellington, Taranaki and Marlborough Clerical Administration and Related Workers IUOW v Greenwich t/a Becket Employment [1983] ACJ 965 (AC) |
| Number of Pages | 13 |
| PDF File Link: | 2016_NZERA_Auckland_131.pdf [pdf 333 KB] |