| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 97/05 |
| Hearing date | 23 Jun 2005 |
| Determination date | 18 July 2005 |
| Member | P Cheyne |
| Representation | J Goldstein ; no appearance |
| Location | Christchurch |
| Parties | Palmer v Otahuna Lodge Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance for respondent - Respondent in receivership - Applicant had been on ACC following non-work accident - ACC case manager discussed with respondent's GM applicant doing light duties - When applicant contacted GM about light duties was told were none available - Assistant GM told applicant return to fitness was taking too long and that respondent wanted her to resign - Applicant entitled to more considerate treatment than she received - Respondent should have honoured promise to ACC to provide light duties or at least explain to applicant changes in circumstances - Breach not sufficiently serious for it to have been reasonably foreseeable that resignation would follow - Assistant GM set out to procure applicant's resignation which he achieved - Breach and assistant GMs behaviour together meant respondent conducted itself with deliberate and dominant purpose of coercing applicant's resignation - Unjustified dismissal - Noted that award of $300 costs would be appropriate but since matter not argued at investigation meeting, applicant had opportunity to make submissions - If no submissions received, award would stand |
| Result | Application granted ; Compensation for humiliation etc ($2,500) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 ; [1985] 2 NZLR 372;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 3 |
| PDF File Link: | ca 97_05.pdf [pdf 19 KB] |