| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 177/01 |
| Determination date | 06 November 2001 |
| Member | R A Monaghan |
| Representation | C Fletcher ; D Allan |
| Location | Auckland |
| Parties | Twyford v Le Grand Hotel Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Respondent's owner requested meeting with applicant regarding over staffed shifts - Heated discussion and applicant sent home - Applicant requested meeting with owner and acting manager - No date arranged - Applicant contacted mediation service to arrange meeting - Took sick leave on short notice immediately after contacting mediation service - Found letter at reception addressed to her and containing warning for time keeping - Notice of personal grievance submitted - Meeting convened - Acting manager apologised for way in which warning received and formally withdrew it - Agreed to meet again after cooling down period - Next day applicant rostered on in bar rather than cafe as usual - Applicant objected to change in roster and resigned - Change in roster did not amount to breach of duty - Failure to address applicant's concerns capable of providing grounds for constructive dismissal - Did not give cooling down period a chance - No constructive dismissal - ARREARS OF HOLIDAY PAY - Received pay as you go" holiday pay - No holiday pay owing - Cafe supervisor" |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168; [1994] 2 NZLR 415;Drake Personnel (NZ) Ltd v Taylor [1996] 1 ERNZ 324 |
| Number of Pages | 6 |
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