| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 32/03 |
| Hearing date | 12 Feb 2003 |
| Determination date | 12 February 2003 |
| Member | D King |
| Representation | K Peterson ; L Lipman |
| Location | Auckland |
| Parties | Caie v Rix Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Respondent tried for 45 minutes before applicant answered work phone - Respondent swore at applicant - Applicant resigned - Respondent did not attempt to change applicant's mind about resignation - Resignation caused by respondent's swearing - Implied term that employer must treat employee with courtesy - Breach of sufficient seriousness to warrant resignation - Constructive dismissal - Receptionist and Office manager |
| Result | Application granted ; Reimbursement of lost wages ($6,644)(3 months) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] ERNZ 168 ; [1994] 2 NZLR 415;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372;Wellington etc Clerical Workers Union v Greenwich [1983] ACJ 965 |
| Number of Pages | 2 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |