| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 25/05 |
| Hearing date | 8 Feb 2005 |
| Determination date | 24 February 2005 |
| Member | P R Stapp |
| Representation | J Moran ; D Beck |
| Location | Christchurch |
| Parties | Inglewood v West Christchurch Women's Refuge Society Inc |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Difficulties with another employee - Other employee received warning - Applicant dissatisfied with outcome of disciplinary process - Respondent informed applicant that complaints to be dealt with by Department of Labour mediator - Respondent managed by collective - Alleged unsafe workplace caused by failure to follow collective's constitutional policies and procedures in dealing with complaints about other employee - Issued with warning for raising concerns in inappropriate manner - Applicant resigned - Confusion between issues concerning management of collective and actual employment-related issues - Respondent not unwilling or unable to resolve complaints regarding other employee - Unilateral decision to refer matter to mediator for final and binding decision not reasonable - Decision linked to alleged failure to follow correct policies and related concerns about safety of workplace - Link meant breach serious enough to cause resignation - Warning without opportunity for applicant to comment also serious enough to cause resignation - Resignation reasonably foreseeable - Constructive dismissal - Remedies - No contributory conduct - Remedies affected by rejection of full-time employment offer and failure to obtain medical opinion concerning alleged sickness at end of employment - Women's refuge worker |
| Result | Application granted ; Reimbursement of lost wages ($5,180)(8 weeks) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Statutes | ERA s123(c)(i) |
| Number of Pages | 12 |
| PDF File Link: | ca 25_05.pdf [pdf 51 KB] |