| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 50/04 |
| Hearing date | 27 Feb 2004 |
| Determination date | 27 April 2004 |
| Member | P Cheyne |
| Representation | CJ Robertson ; W Johnson |
| Location | Christchurch |
| Parties | Bruce v Mt Aspiring Motors Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant was apprentice in respondent's business - Concerns about applicant's progress - Applicant applied for new position at respondent's business - Respondent unhappy about application - Respondent told applicant would like to punch his lights out, gave verbal warning, and said he would make the applicant's job difficult - Given 24 hours to think about whether to continue apprenticeship - Subsequent meeting could have been used by respondent as opportunity to clarify misunderstanding - Applicant entitled to apply for vacancy - Respondent knew or ought to have known behaviour created substantial risk applicant would resign - Constructive dismissal - Order made amending proceedings to record correct identity of respondent - Apprentice |
| Result | Application granted ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 7 |
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