Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 313/04
Hearing date 7 Sep 2004
Determination date 27 September 2004
Member R A Monaghan
Representation P Pa'u ; R Parmenter
Location Auckland
Parties Campbell v Auckland College of Education
Summary UNJUSTIFIED DISADVANTAGE - Applicant failed to attend part of staff development day despite specific instruction from respondent - Complaints from applicant's managers concerning matter - Meeting called to address complaints - Four month absence on sick leave - Disciplinary meeting called to address performance issues uncovered during applicant's absence - Resignation - Alleged adversarial and dictatorial management approach by respondent - Alleged applicant ignored or accused of aggressive conduct when raising concerns about workplace - Respondent entitled to call meetings to investigate managers' complaints and performance issues - Calling meetings not unfair treatment - Management approach to applicant's general concerns not breach of duty by respondent - No unjustified disadvantage - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant resigned without returning to work from sick leave - No breach of duty causing applicant to resign - No unjustified dismissal - Customer service consultant
Result Applications dismissed ; Costs reserved
Number of Pages 7
PDF File Link: aa 313_04.pdf [pdf 37 KB]