| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 118/04 |
| Hearing date | 1 Jul 2004 |
| Determination date | 02 September 2004 |
| Member | P R Stapp |
| Representation | C Parkhill ; C Parker |
| Location | New Plymouth |
| Parties | Buis v Silverdene Farms (2001) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged threats, unwelcome behaviour and stress leading to resignation - Applicant did not raise issue of stress with respondent sufficiently clearly - Another context for comments which applicant viewed as threats - Raising of performance issues and threatening warnings did not mean respondent had deliberate campaign to get applicant to resign - Nothing to prevent respondent accepting resignation - Applicant had options other than resignation such as employment problem resolution services described in employment agreement - Breach of duty not sufficiently serious to make resignation forseeable - Farm assistant |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | NZ Woollen Workers IUOW v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 16 |
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