| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 322/04 |
| Hearing date | 27 May 2004 - 29 Jun 2004 (2 days) |
| Determination date | 29 September 2004 |
| Member | L Robinson |
| Representation | P Pa'u ; P Swarbrick |
| Location | Auckland |
| Parties | Poluleuligaga v The Building Depot Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant resigned then asked to withdraw resignation - Respondent agreed on condition applicant learn to use computerised till - Applicant did not communicate agreement - Asked to leave when arrived at workplace - Alleged constructive dismissal because of branch manager's behaviour - Issues with branch manager had been resolved prior to withdrawing resignation - Real concern was difficulty with learning computerised till - No breach of duty by respondent - Seeking to withdraw resignation twice inconsistent with election to affirm respondent's allegedly repudiatory conduct - Voluntary resignation - No constructive dismissal - Customer service team member |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;Wellington Drivers IUOW v Fletcher Construction Co Ltd [1982] ACJ 663;W&H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 6 |
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