Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 347/03
Hearing date 19 Jun 2003 - 25 Jun 2003 (7 days)
Determination date 14 November 2003
Member Y S Oldfield
Representation K Nicolson ; P Swarbrick
Location Auckland
Parties Collins v Turner Auctions Ltd
Summary UNJUSTIFIED DISMISSAL - Constructive dismissal - Recruited by human resources consultant - Continuing contact with human resources consultant - Voiced concerns about work practices, workloads, and targets to respondent and human resources consultant - Applicant had concerns about branch manager's treatment towards him - Gave resignation letter which included numerous complaints - Did not complain about branch manager's treatment of him in letter nor to branch manager - Resignation not accepted until branch manager returned from being away - Meeting to discuss resignation 2 days after resignation letter - Employment relationship still alive when applicant attended meeting - Asked to confirm resignation numerous times - Human resources consultant did not push for applicant to resign - Applicant jumped to conclusions and was overly sensitive - Situation not handled as well as could have been by human resources consultant but not breach serious enough to give rise to constructive dismissal - Resignation confirmed 2 days after first proffered and confirmation not in heated atmosphere - Dealer team consultant
Result Application dismissed ; Costs reserved
Statutes ERA s122
Number of Pages 10
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