| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 46/06 |
| Hearing date | 9 Feb 2006 |
| Determination date | 30 March 2006 |
| Member | J Crichton |
| Representation | S Templeton ; R Davidson |
| Location | Christchurch |
| Parties | Bootsma v South Island Gourmet (2000) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant resigned after three separate alleged breaches of duty by respondent – Director of respondent enraged and abusive during discussion about losing certain account – Made vulgar observations about applicant and wife to applicant’s work colleagues - Performance issues inappropriately raised at meetings convened to address other matters – Angry discussion occurred four months before any talk of employment relationship ending - Applicant’s only concern at time was for emotional stability of director – Incident not enough to ground constructive dismissal – Likely that director made inappropriate observations about applicant and wife – Nature and extent of observations not breach of duty to extent necessary to found constructive dismissal – Director’s offer of apology not action of employer cavalier about continuation of employment relationship – Meetings not taken over for disciplinary purposes – Director entitled to try and establish applicant’s intentions regarding return to work after period of unplanned leave - No constructive dismissal – Length of service 12 years – Branch manager |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Wellington etc Clerical IUW v Greenwich [1983] ACJ 965;Woods v WM Car Services (Peterborough) Ltd [1982] 1 CR 693 |
| Number of Pages | 9 |
| PDF File Link: | ca 46_06.pdf [pdf 53 KB] |