| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 324/04 |
| Hearing date | 19 Apr 2004 - 10 May 2004 (2 days) |
| Determination date | 30 September 2004 |
| Member | J Scott |
| Representation | R Harrison (in person) ; R Teirney |
| Location | Auckland |
| Parties | Harrison v Te Puna Hauora O Te Raki Paewhenus (TPH) |
| Summary | UNJUSTIFIED DISMISSAL - Alleged actual or constructive dismissal - Applicant spoken to about not passing on relevant information to health management plan team - After meeting believed she had been dismissed or demoted - One month later submitted notice of resignation in writing - Credibility finding against applicant - Relatively poor understanding of scope of role - Required to ensure all information and documentation put before health management plan team - Not a disciplinary meeting - No dismissal or demotion - Remaining in role one month after alleged dismissal and giving one month's notice supported finding of no dismissal - No breach by respondent in respect of failure to give reasons for alleged dismissal or demotion - Applicant did not take appropriate steps to clarify situation - UNJUSTIFIED DISADVANTAGE - Whether respondent should have immediately told applicant she had not been dismissed or demoted upon receiving resignation - No amount of reassurance would have averted applicant's intention to leave - No personal grievance - Community Coordinator for Maori health provider |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;NZ Amalgamated Engineering etc IUOW v Ritchies Transport Holdings Ltd [1991] 2 ERNZ 267;NZ Woollen Workers IUOW v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438;Wellington Clerical Workers' IUOW v Barraud & Abraham Ltd [1970] 70 BA 347;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965;Western Excavating (ECC) Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 14 |
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