| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 271/05 |
| Hearing date | 2 Jun 2005 |
| Determination date | 15 July 2005 |
| Member | J Scott |
| Representation | A Jeffries ; N Cervin |
| Location | Auckland |
| Parties | Jeffries v Adis International Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged conspiracy against her to hold back her advancement within respondent - Many allegations - Claims based on incidents that occurred after applicant resigned were dismissed because could not have influenced decision to resign - Claims based on incidents that occurred but were not raised as concerns at time also dismissed - Claims based on matters resolved to applicant's apparent satisfaction at time they occurred also dismissed - Credibility finding in favour of respondent - No breach of duty in respect of rating assigned during performance review - No fraudulent alteration of applicant's time and motion reports - No breach of duty which had effect of holding back applicant's advancement - No breach of duty in respect to respondent's attitude towards improvements suggested by applicant - Tensions in workplace but applicant did not have clean hands on question of poor staff relationships - At time of resignation unhappy with performance review and inability to advance within respondent - Colleague's refusal to swap day off was last straw which propelled resignation - No constructive dismissal - Production Assistant |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s114(5) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW (Inc) [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;NZ Amalgamated Engineering etc IUOW v Ritchies Transport Holdings Limited [1991] 2 ERNZ 267;Western Excavating Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 11 |
| PDF File Link: | aa 271_05.pdf [pdf 70 KB] |