| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 207/01 |
| Determination date | 04 December 2001 |
| Member | Y S Oldfield |
| Representation | M MacNab ; L Turner |
| Location | Auckland |
| Parties | Ward v Tyco New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether dismissed or resigned - Alleged hassled by supervisor - Discrepancy in time sheets - Failed to comply with company policy - Approached by supervisor - Believed he was about to be dismissed - Alleged forced to sign resignation letter - Escorted off premises - No basis for claim that supervisor gave him a hard time - Credibility - Evidence of respondent preferred - More likely applicant submitted resignation - Reasonable to accept resignation - Resignation not forced upon him - Failed to give requisite notice - Contractually entitled to deduct notice from final pay and holiday pay owing - Sign maker |
| Result | Application dismissed ; Costs reserved |
| Statutes | Holidays Act 1981 s22 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |