| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 87 |
| Hearing date | 26-May-16 |
| Determination date | 15 June 2016 |
| Member | Helen Doyle |
| Representation | M Guest ; D Rhodes |
| Location | Queenstown |
| Parties | Nolet v Edgewater Resort Hotel Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Food and beverage attendant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Failure to roster applicant on probably mistake arising from misunderstanding. Applicant not actually dismissed. Applicant not given choice between resigning or being dismissed. No breach of duty by respondent so serious that resignation reasonably foreseeable. No deliberate course of conduct intended to force applicant to resign. No dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| 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);Wellington, Taranaki and Marlborough Clerical Administration and Related Workers IUOW v Greenwich t/a Becket Employment [1983] ACJ 965 (AC) |
| Number of Pages | 17 |
| PDF File Link: | 2016_NZERA_Christchurch_87.pdf [pdf 204 KB] |