| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 162/04 |
| Hearing date | 28 Oct 2004 - 29 Oct 2004 (2 days) |
| Determination date | 24 November 2004 |
| Member | G J Wood |
| Representation | P Ryder-Lewis ; S Dyhrberg |
| Location | Wellington |
| Parties | Crew v Vehicle Testing New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant resigned after respondent informally raised concerns about difficulties relating to other staff - Subsequently denied resigning - Applicant not told unless issues resolved would have to leave - Respondent entitled to raise concerns informally and did so in appropriate manner - No breach of duty or intention to force resignation - Resignation offered three times before accepted by respondent - No attempt to retract resignation or expression of interest in continuing employment - Milburn v Waikato District Health Board (cited below) distinguished - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - Initial election by respondent under employment agreement to allow applicant to work out notice - Unilateral imposition of garden leave for remainder of notice period direct result of applicant raising personal grievance - Unjustified disadvantage |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($1,500) ; Costs reserved |
| Cases Cited | Burns v Chief Executive of the Inland Revenue Department [2001] 1 ERNZ 753;Donaldson & Youngman t/a Law Courts Hotel v Dickson [1994] 1 ERNZ 920;Milburn v Waikato District Health Board unreported, A Dumbleton, 11 February 2004, AA 49/04;WestpacTrust v Stevens [2002] 2 ERNZ 682 |
| Number of Pages | 11 |
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