| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 122/03 |
| Hearing date | 30 Jan 2003 |
| Determination date | 01 May 2003 |
| Member | K J Anderson |
| Representation | D Taylor ; S Menzies |
| Location | Auckland |
| Parties | Stables v Anchor Products Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Required to attend meeting during leave - Alleged informed restructuring would lead to applicant being made redundant - Suffered heart attack during leave - Requested to contact respondent about expected date of return - Alleged request was ultimatum - Alleged replaced while on sick leave - Requirements to inform respondent of recovery progress not unreasonable - Change of work procedures during absence meant meeting prior to return not unreasonable - Credibility - Respondent's evidence preferred - No predetermination to remove applicant - Not replaced - Voluntarily resigned - No constructive dismissal - Production supervisor |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] ERNZ 168 ; [1994] 2 NZLR 415 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |