Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 65/05
Hearing date 3 Nov 2004
Determination date 10 May 2005
Member P Montgomery
Representation MJ Thomas ; J Copeland
Location Christchurch
Parties Levay v H and J Smith Ltd
Summary UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether constructive dismissal or voluntary resignation - Applicant had numerous concerns throughout employment - Few, if any, brought to respondent's attention at or close to time of occurrence - Time barred from bringing earlier concerns before respondent - Issue over Home expo" and tasks involved - Respondent not provocative merely stating that the show had to go on whether applicant agreed to be involved or not - No reasonable ground on which respondent's behaviour at meeting could sustain claim of unjustified dismissal - Applicant had interview for another job, and was offered that job before the meeting - No constructive dismissal - Unable to assist in resolving post dismissal action incident since matter arose after employment relationship had ceased - Display artist"
Result Application dismissed ; Costs reserved
Number of Pages 4
PDF File Link: ca 65_05.pdf [pdf 22 KB]