| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 394 |
| Hearing date | 21-Nov-16 |
| Determination date | 02 December 2016 |
| Member | J Crichton |
| Representation | M O'Brien ; B Scotland |
| Location | Auckland |
| Parties | McKenzie v Housing New Zealand Corporation |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s refusal to allow applicant to withdraw resignation – Applicant claimed unjustifiably dismissed by respondent – Procurement portfolio manager |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant’s resignation not in heat of moment. Resignation given in detail. Respondent met with applicant to discuss issues and offered to attend mediation. No unjustified disadvantage. No dismissal. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Boobyer v Good Health Wanganui Ltd EmpC Wellington WEC3/94, 24 February 1994 ; Tribe v John Scott & Co Ltd [2016] NZEmpC 80 |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Auckland_394.pdf [pdf 156 KB] |