| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 130/01 |
| Determination date | 13 September 2001 |
| Member | D King |
| Representation | AM Hendra ; K Raureti |
| Location | Auckland |
| Parties | Lockley v MJ & J Pelham Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether dismissed or resigned - Refused to drive unsafe truck - Told to go home following altercation with owner - Believed he had been dismissed - Alleged no dismissal - Requested to return to work after repairs made - Offers of reinstatement rejected - No actual dismissal - Owner breached duty owed to applicant - Amounted to constructive dismissal - Truck driver |
| Result | Application granted ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |