| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 175/03 |
| Hearing date | 9 Dec 2003 |
| Determination date | 17 December 2003 |
| Member | D Asher |
| Representation | N Hughes ; B Buckett |
| Location | Wellington |
| Parties | Bacica v Working Knowledge Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant met with customer while on maternity leave - Respondent told applicant to discontinue contact with customer - Respondent advised that applicant had spoken to customer upon return from leave - Disciplinary meeting held where formed view applicant intended to frustrate respondent's process - Respondent sent letter threatening termination unless applicant could persuade respondent otherwise - Applicant resigned after subsequent meeting - No evidence to support extreme premature conclusions - Failure to provide sufficiently clear allegations to allow applicant to respond - Applicant's resignation unfairly and unjustifiably forced by respondent's letter - Unjustified dismissal - Project manager |
| Result | Application granted ; Reimbursement for lost wages (3 months) ; Compensation for humiliation etc ($15,000) ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IOW (Inc) [1994] 1 ERNZ 168;Auckland Shop Employees IUOW v Woolworths (1985) ERNZ Sel Cas 136;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 14 |
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