| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 37/06 |
| Hearing date | 14 Feb 2006 - 15 Feb 2006 (2 days) |
| Determination date | 09 March 2006 |
| Member | P Cheyne |
| Representation | Q Hix ; R Smith |
| Location | Christchurch |
| Parties | Perry v The Combined Services Club Twizel (Inc) |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether resignation or dismissal - Conflict of evidence - Two relevant conversations between parties - In first exchange applicant alleged he stated he would have to look at resigning in light of respondent's view of roster issue - Respondent alleged applicant said he would resign with one month's notice - In second exchange respondent told applicant he was to finish work that day and be paid out for duration of notice period and asked for resignation in writing - Later applicant was asked again to put his resignation in writing which he agreed to do - Respondent's account of first exchange substantially correct - If applicant had only indicated intention to consider resigning as he claimed he could easily have said that during second exchange less than one hour later - Resignation not dismissal - Present case fell within first category mentioned in Boobyer v Good Health Wanganui Ltd of unequivocal resignation - Whether constructive dismissal - Respondent's reaction to roster issue not a breach of duty - Not threat to cut applicant's pay but statement that time spent socialising could not be counted as part of applicant's working week - No personal grievance - Length of service four months - Manager |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;Boobyer v Good Health Wanganui unreported, Goddard CJ, 24 February 1994, WEC 3/94 |
| Number of Pages | 6 |
| PDF File Link: | ca 37_06.pdf [pdf 38 KB] |