| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 164/04 |
| Hearing date | 22 Apr 2004 |
| Determination date | 12 May 2004 |
| Member | V Campbell |
| Representation | L Emmerson ; B Quarrie |
| Location | Auckland |
| Parties | O'Connor v Natural Wood Creations Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether abandonment of employment - Applicant concerned about dangers of working with resin in pouring room - Respondent provided employees with sufficient personal protective equipment - Evidence given that applicant did not always use PPE - Applicant used acetone to clean hands and arms - Within two months of employment applicant lost sense of taste and developed rash on arms - OSH inspection - Applicant given warning over failure to provide proper notification for leave - At same meeting issue of health and safety and OSH inspection discussed - Applicant left and did not return - Whether dismissed at meeting - Respondent attempted to contact applicant by letter - Respondent had not received any medical information from applicant relating to skin disorder and had no basis for believing applicant could not safely return to work once inspected by OSH - No actual or constructive dismissal - No written employment agreement |
| Result | Application dismissed ; Costs reserved |
| Statutes | HSE |
| Cases Cited | Actors' Equity Union v Auckland Theatre Trust [1989] 2 NZLR 154 ; [1989] 1 NZILR 463 (CA);Attorney-General v Gilbert [2002] 1 ERNZ 31; [2002] 2 NZLR 342;Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW (Inc) [1994] 1 ERNZ 168;Auckland Shop etc Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372;EN Ramsbottom Ltd v Chambers [2000] 2 ERNZ 97;Malik v Bank of Credit and Commerce International SA (in liq) [1997] 3 All ER 1 (HL);Wellington Drivers IUOW v Fletcher Construction Co Ltd [1982] ACJ 663 |
| PDF File Link: | aa 164_04.pdf [pdf 43 KB] |