| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 245/03 |
| Hearing date | 14 Jul 2003 |
| Determination date | 13 August 2003 |
| Member | J Scott |
| Representation | R Flawasser (in person) ; L Foley |
| Location | Auckland |
| Parties | Flawasser v RF Davis Logging Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether constructive dismissal - Applicant told respondent's company director that members of crew used drugs - Random drug testing resulted in a number of positive tests - Some crew members dismissed - Applicant revealed to co-workers she told director of drug use - Negative backlash against applicant - Applicant alleged was forced to resign due to threats and behaviour toward her - Two weeks after left employment applicant returned and asked for job - Respondent acted in responsible manner - Some fallout directed at applicant due to own admissions - No breach of duty by respondent that amounted to constructive dismissal - Allegation of constructive dismissal undermined by asking for job two weeks after resignation - If had found breach applicant's continuation of employment affirmed contract - Respondent failing to offer applicant work after she had failed to turn up for work for 2 days not a grievance - Logmaker |
| Result | Application dismissed ; No order for costs |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;NZ Amalgamated Engineering etc IUOW v Ritchies Transport Holdings Ltd [1991] 2 ERNZ 267;NZ Woollen Workers IUOW v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438;Wellington Clerical Workers' IUOW v Barraud & Abraham Ltd [1970] 70 BA 347;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965;Western Excavating (ECC) Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 8 |
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