| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 254A/03 |
| Hearing date | 24 Jul 2003 |
| Determination date | 02 December 2003 |
| Member | J Wilson |
| Representation | G Pratt ; P Tremewan |
| Location | Auckland |
| Parties | Simms v Santos Mount Eden Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance for respondent - Applicant on ACC leave after burnt hand at work - Evidence of tape recordings made without respondent's knowledge considered by Authority - Taped conversations clearly expressed preference that applicant resign, and insisted on dramatically improved performance, but no constructive dismissal - Applicant could have returned to work rather than resign - PENALTY - Oral employment agreement - Breach of s64 and s65 Employment Relations Act 2000 - No disadvantage due to lack of written agreement - Penalty refused - Chef |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s64;ERA s65;ERA Second Schedule cl12 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 |
| Number of Pages | 7 |
| PDF File Link: | aa 254a_03.pdf [pdf 30 KB] |