| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 267/03 |
| Hearing date | 24 Jul 2003 |
| Determination date | 03 September 2003 |
| Member | J Scott |
| Representation | MJ Mullane (in person) ; T Drake |
| Location | Auckland |
| Parties | Mullane v TeleTech Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Application for 2 weeks' parental leave declined - Human resources section discussed application with team leader - Alleged breach of confidentiality - Alleged delay in processing request - Ineligible for parental leave - Took leave regardless - Several other unapproved absences - Meetings to discuss absences - Received warning for taking sick leave without notifying respondent - Resigned after refusing to sign warning - Credibility - Respondent's evidence preferred - Applicant found to have lied to Authority regarding secondary employment - No breach of duty by respondent - No duty of confidentiality owed - Resignation due to warning not alleged breaches - No constructive dismissal - Sales and service representative |
| Result | Application dismissed ; Costs reserved |
| 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;Murray v Attorney General in respect of the Chief Executive of the Inland Revenue Department [2002] 1 ERNZ 184;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 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |