| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 201/04 |
| Hearing date | 12 Jan 2004 |
| Determination date | 11 June 2004 |
| Member | K J Anderson |
| Representation | H Koia ; Inglis |
| Location | Auckland |
| Parties | Manarangi v Department for Courts |
| Summary | UNJUSTIFIED DISMISSAL - Alleged constructive dismissal - Formal complaint laid with general manager under Protected Disclosures Act 2000 with regard to irregularities at applicant's office - Preliminary investigation into substance of allegations to be carried out - Letter informing applicant of preliminary meeting stated he was named as someone involved in serious wrongdoing and could bring representation - Told letter would be couriered to him - Letter sent via email day before meeting and applicant did not check email - Applicant given copy of letter at meeting - General Manager made preliminary determination that allegations had substance and investigation required - Applicant resigned - Alleged if had letter earlier would have arranged representation - Reasonable expectation that applicant would have checked email - Applicant told meeting could be adjourned if applicant wished - Not disciplinary meeting but simply beginning of investigation - No breach of duty on part of respondent - No constructive dismissal - District Collections Manager |
| Result | Application dismissed; Costs reserved |
| Statutes | Protected Disclosures Act 2000 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial Local Authorities Officers IUOW [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;Compass Union of NZ Inc v Carlton & United Breweries (NZ) Pty Ltd [1992] 1 ERNZ 1 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |