| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 50/01 |
| Determination date | 03 August 2001 |
| Member | D Asher |
| Representation | R Crotty ; A Rapley & M Ryan |
| Location | Wellington |
| Parties | Clulee v Inland Revenue Department - Business Call Centre |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged set up" by respondent and breach of disciplinary procedures resulted in unjustified disadvantage - Alleged conduct undermined mutual obligations of trust and confidence - Claimed not given particulars of disciplinary meeting - Given sufficient details prior to meeting - No evidence of disadvantage - Not subjected to series of procedurally and substantively defective disciplinary investigations as alleged - No breach of contract causing resignation" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s143;ERA s157 |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;Whanganui College Board of Trustees v Lewis [2000] 1 ERNZ 397 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |