| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 68/01 |
| Determination date | 19 June 2001 |
| Member | J Wilson |
| Representation | C Rowe ; C Morris |
| Location | Auckland |
| Parties | Davis v Warkworth Paper Plus |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Performance concerns - Verbal and written warnings - Received final warning after 2 months of work - Whether breach of duty of trust and confidence - Conduct considered as a whole - Employer’s behaviour was not such that employee could not be expected to put up with it - Employee also had obligation to strive to make employment relationship work - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - Written and verbal warnings issued by employer fell short of standard required - No opportunity to seek advice provided - Unfair process constituted disadvantage |
| Result | Application granted in part ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 ; (1985) ERNZ Sel Cas 136;Woods v WM Car Services (Peterborough) Ltd [1981] ICR 666 |
| Number of Pages | 6 |
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