| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 82/04 |
| Hearing date | 23 Jul 2004 |
| Determination date | 02 August 2004 |
| Member | A Dumbleton |
| Representation | J Goldstein ; W McMenamin |
| Location | Christchurch |
| Parties | Bryant v Johnston McKeown Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether constructive dismissal - Alleged breach of trust and confidence - Name calling - Proprietor called applicant Nigel" which was not applicant's name, "thick" and "thick O" - Alleged unjustified criticism - Alleged left after contemptuous response to applicant's request for pay rise - Respondent alleged proprietor's conduct good natured banter - Circumstances in which type of conduct applicant complained about could lead to constructive dismissal - Actual words, situation in which words used, frequency and period of time taken into account - Proprietor's manner of addressing applicant blunt, bad tempered, unfeeling and silly - Applicant gave appearance of accepting proprietor's conduct over 9 year period - Conduct not abusive or malicious - Respondent did not so disregard duty he owed applicant that resignation reasonably foreseeable - Foreseeable that rejection of request for pay rise would lead to resignation but no breach of duty - No constructive dismissal - COSTS - Unsuccessful personal grievance - ï¾½ day investigation meeting - Respondent's total costs $3000 - Reasonable contribution appropriate" |
| Result | Application dismissed ; Costs in favour of respondent ($750) |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | 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 |
| Number of Pages | 4 |
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