| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 368/03 |
| Hearing date | 22 Aug 2003 - 28 Aug 2003 (2 days) |
| Determination date | 05 December 2003 |
| Member | K J Anderson |
| Representation | B Stainton, M Hemphill ; S Langton |
| Location | Auckland |
| Parties | Hiscox v Progressive Enterprises Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged subjected to unfair criticism and demeaning behaviour - Agreed to take less senior role on return from parental leave - Alleged conflict of personality with new supervisor - Significant absences due to illness - Requested to provide medical certificate - Employment agreement allowed for request of medial certificate - Request reasonable in circumstances - Alleged undue criticism - Requirement to undertake list of tasks - Task list petty and immature but not unreasonable - Alleged failure to follow up complaints about supervisor - Applicant failed to formally complain - No conduct intended to force resignation - No constructive dismissal |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 ; [1985] 2 NZLR 372 ; (1985) ERNZ Sel Cas 136;Compass Union of NZ Inc v Carlton & United Breweries (NZ) Pty Ltd [1992] 1 ERNZ 1;Wellington etc Clerical etc IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |