| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 134/05 |
| Hearing date | 12 Jul 2005 |
| Determination date | 18 October 2005 |
| Member | H Doyle |
| Representation | J Guthrie, D Robinson ; C Eggleston |
| Location | Christchurch |
| Parties | Church v Gunton Farms Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Alleged constructive dismissal and then actual dismissal during notice period - Resignation letter suggested only reason for resignation was to take up new employment - Applicant did not get on with one co-worker - Alleged number of concerns - Alleged did not get the choice of house on the station - However, applicant did not complain about this during employment and must be taken to have accepted the accommodation he was provided with - Alleged was not paid for time taken to attend Grandmother's funeral - Applicant had not yet been working for six months - Was not told would be paid - Unhelpful that reason for non-payment was not explained to applicant - Issue over dead sheep in paddock - Applicant alleged was a set up to blame him - Respondent found deaths were by starvation and did not blame anyone - Did not agree with applicant's theory - Written warning given for verbal abuse towards another staff member - However, applicant resigned before had chance for meeting to discuss warning - Applicant not happy working for respondent - Issues not communicated to respondent before resignation - No constructive dismissal - However, was dismissal during notice period - Applicant gave date that would finish working - Was open to respondent to propose earlier termination date, but not to impose one unilaterally |
| Result | Application dismissed (Constructive dismissal) ; Application granted (Unjustified dismissal during notice period) ; Compensation for humiliation etc ($1,500) ; Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | ca 134_05.pdf [pdf 43 KB] |