| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 74A/04 |
| Hearing date | 16 Apr 2004 |
| Determination date | 14 June 2004 |
| Member | L Robinson |
| Representation | K Anderson ; A Gane |
| Location | Auckland |
| Parties | Kamo v The Chief Executive of the Department of Labour (New Zealand Immigration Service) |
| Summary | UNJUSTIFIED DISMISSAL - Alleged constructive dismissal - Fixed term employment - Worked in Western Samoa - Informed respondent that suffering from stress - Applicant further distressed by incident where he believed respondent's car had been sabotaged - Claimed he suffered breakdown due to stressful working conditions - On return to Western Samoa from Wellington arranged for personal items to be transported in diplomatic bag - New Zealand High Commission discovered incident and Ministry of Foreign Affairs and respondent began investigation - Applicant gave false explanation of incident - Resigned - Alleged resignation had been procured by duress or improper influence - Resignation voluntary - Stress not caused by any breach of duty - Appropriate steps taken to assist applicant after informed of stress and vehicle incident - Applicant did not resign because respondent breached duty in relation to diplomatic bag incident but because he lied to respondent - In letter applicant nominated date of resignation as date he would have completed fixed term project - Had it not been for resignation fixed term agreement would have expired on same date - No personal grievance - Business design analyst |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial Local Authorities Officers IUOW [1994] 1 ERNZ 168 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |