| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 115/03 |
| Hearing date | 29 Aug 2003 |
| Determination date | 20 October 2003 |
| Member | P Montgomery |
| Representation | M Hanifin ; N Fraser |
| Location | Christchurch |
| Parties | Wilson v Cowells Pavlova Kitchen (Dunedin) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged treated differently from other staff - Alleged criticised and pushed with trolley - Respondent aware of injured shoulder and carpal tunnel syndrome - Did not advise of restrictions on ability to work - Resigned after forced to pick up heavy bag - Withheld wages and holiday pay for lack of notice - No deliberate course of action to encourage resignation - No serious breach of duty - No unjustified dismissal - ARREARS OF WAGES AND HOLIDAY PAY - Contractual term to give notice of termination - No entitlement to last week's wages |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |