| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 230/04 |
| Hearing date | 1 Apr 2004 - 2 Apr 2004 (2 days) |
| Determination date | 08 July 2004 |
| Member | J Scott |
| Representation | P Pa'u ; P Cullen |
| Location | Auckland |
| Parties | Donnelly v Academy of New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Alleged constructive dismissal - Alleged harassed and intimidated by registrar of respondent - Also alleged directed to alter attendance records - Laid complaint with Skill New Zealand but respondent exonerated - Alleged constant verbal abuse - Informed of performance concerns before and during performance review - Resigned giving 2ï¾½ weeks notice - Agreed to leave employment earlier because ran out of work to do - Identifiable performance issues - Assistance and support provided - Registrar on occasion blunt and direct but did not constantly yell, threaten or intimidate applicant - No course of conduct with dominant purpose of coercing applicant to resign - No breach of duty by respondent - Resignation triggered by performance review - Applicant failed to accept performance below par - Extended notice given fatal to constructive dismissal claim - Application dismissed - Applicant legally aided - Student placement coordinator |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;NZ Amalgamated Engineering etc IUOW v Ritchies Transport Holdings Ltd [1991] 2 ERNZ 267;NZ Woollen Workers IUOW v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438;Wellington Clerical Workers' IUOW v Barraud & Abraham Ltd [1970] 70 BA 347;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965;Western Excavating (ECC) Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 13 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |