| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 375/04 |
| Hearing date | 14 Oct 2004 |
| Determination date | 17 November 2004 |
| Member | J Scott |
| Representation | R Alchin ; M Hammond |
| Location | Auckland |
| Parties | Haste v Midcity Childcare Centre Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant informed respondent she would be resigning - Applicant became angry at respondent after reasonable instruction - Meeting to clarify date of departure and raise concern about applicant's insubordination in response to respondent's instruction - Applicant felt she had been mucked around" and decided not to tell respondent departure date - Respondent issued oral warning over insubordination - Warning was breached respondent's policy which required formal warning interview - Not advised meeting disciplinary - No opportunity for representation - Procedural defects did not cause applicant to resign - Applicant became extremely upset when insubordination issue raised - Stormed out of meeting room into children's playroom then came back and slammed down resignation note - Respondent offered to pay out applicant's notice in lieu of working it out - Applicant agreed - Fairness required respondent to provide "cooling off" period to reflect on decision - Dismissal unjustified - Remedies - Contributory conduct - Applicant breached duty to act in good faith - Senior employee expected to conform to high standard - Obligation to raise concerns which affected attitude towards respondent - Not open to decide to "muck around" respondent in relation to departure date - Unprofessional conduct including putting herself in position where small children could see her distress - No remedies available - Senior preschool teacher" |
| Result | Application granted ; Costs reserved |
| Cases Cited | Auckland & Gisborne Amalgamated Society of Shop Employees etc IUOW v Marbeck Builders Supplies Ltd [1983] ACJ 357;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;Boobyer v Good Health Wanganui unreported, Goddard CJ, 24 February 1994, WEC 3/94;Chicken and Food Distributors (1990) Ltd v Central Clerical Workers Union [1991] 1 ERNZ 502;Milburn v Waikato District Health Board unreported, A Dumbleton, 11 February 2004, AA 49/04;NZ Amalgamated Engineering etc IUOW v Ritchies Transport Holdings Ltd [1991] 2 ERNZ 267;Wellington Clerical Workers' IUOW v Barraud & Abraham Ltd [1970] 70 BA 347 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |