| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 415/04 |
| Hearing date | 18 Nov 2004 |
| Determination date | 20 December 2004 |
| Member | M Urlich |
| Representation | H Thorpe ; J Foden |
| Location | Auckland |
| Parties | Seelam v Westgate Medical Centre Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant's hours of work were pursuant to roster - Agreement required applicant to have flexibility about hours worked - Applicant covered co-workers shifts at various times - Alleged being rostered on shift over Christmas ruined her plans - Wrote email to administrator about inability to work some shifts - Meeting to discuss issues - Applicant told she had to be available to help out" with roster - Meeting ended with nothing resolved - Meeting tense - Applicant submitted notice - Alleged actions in being rostered on days outside core roster coupled with insistence that should roster in such manner breached her employment agreement to such serious degree that could be deemed to be repudiated - No evidence applicant required to work any shifts without agreement - Obligation under agreement to be flexible - Tense meeting not repudiatory breach - No evidence subsequent email about hiring inexperienced staff linked to applicant's resignation - No constructive dismissal - Medical receptionist" |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW (Inc) [1994] 1 ERNZ 168 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |