| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 21/03 |
| Hearing date | 27 Jan 2003 |
| Determination date | 27 February 2003 |
| Member | H Doyle |
| Representation | I Thompson ; PD Zwart |
| Location | Christchurch |
| Parties | O'Brien v Renton Chainsaws & Mowers Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether breach of duty to provide safe workplace - Applicant's manager pushed him on several occasions - Bullying behaviour - Continuous complaints made - Complaints also made regarding manager entering porn websites at work - No proper investigation of complaints - Breach of duty caused resignation - Reasonably foreseeable applicant not able to work under prevailing conditions - Unjustified constructive dismissal - Shop assistant |
| Result | Application granted ; Reimbursement of lost wages ($735) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372 |
| Number of Pages | 9 |
| PDF File Link: | ca 21_03.pdf [pdf 49 KB] |