| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 274/04 |
| Hearing date | 18 Dec 2003 - 22 Mar 2004 (2 days) |
| Determination date | 31 August 2004 |
| Member | R A Monaghan |
| Representation | R Gowing ; A Wills |
| Location | Auckland |
| Parties | Gilmour v Watchorn Transport Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant refused to accept further assignments from respondent after trucking accident - Alleged failure to maintain truck in safe condition - Alleged failure to appropriately support applicant after accident - Expert evidence indicated truck safety allegations unfounded - No basis for criticism of respondent's attempts to support applicant - No breach of duty by respondent causing applicant to resign - Loss of confidence probable reason for applicant's decision not to return - No unjustified dismissal - Off-road truck driver |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 8 |
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