| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 91/05 |
| Hearing date | 31 May 2005 |
| Determination date | 05 July 2005 |
| Member | H Doyle |
| Representation | B Dorking ; G Walker |
| Location | Christchurch |
| Parties | Camp v Arai Te Uru Kokiri Centre Inc |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged she resigned because relationship with manager beyond repair - General discontentment insufficient to establish constructive dismissal - Authority not satisfied applicant placed under undue pressure to sign draft employment agreement - No evidence to conclude manager hostile about applicant seeking advice from union - Parties perceived exchange about applicant's union representative quite differently - Stage had not been reached that applicant could conclude relationship with manager irreconcilable or there were breaches by manager of duty to be fair and reasonable employer - Chairperson confronted applicant and asked her to translate course outlines from Maori to English for manager, causing her to feel scared - Even if speaking gruffly to someone could be seen as a breach, it was not a breach so serious as to amount to constructive dismissal - No personal grievance - COUNTERCLAIM - BREACH OF CONTRACT - Applicant resigned without notice - Respondent sought one week's wages in lieu of notice - No provision in employment agreement to that effect - Counterclaim dismissed - ARREARS OF WAGES AND HOLIDAY PAY - Leave reserved for parties to come back to Authority if had difficulties regarding applicant's holiday or final pay - Tutor |
| Result | Application dismissed ; Counterclaim dismissed ; Orders accordingly ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | ca 91_05.pdf [pdf 31 KB] |