| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 93/06 |
| Hearing date | 20 Mar 2006 |
| Determination date | 23 June 2006 |
| Member | P Cheyne |
| Representation | A Logan ; S Turner |
| Location | Christchurch |
| Parties | Eustace v Telecom Directories Ltd |
| Summary | PRACTICE AND PROCEDURE - Applicant sought to raise additional causes of action of alleged breaches of implied terms - Allowed to make submissions in respect of additional claims - UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant made phone calls to other employees of respondent threatening to kill them - Later convicted and sentenced to period of supervision - Applicant tendered resignation - However, respondent replied advising employment terminated summarily - Allegations clearly put to applicant - Full and fair investigation disclosed conduct capable of being regarded as serious misconduct - Resignation indicated applicant's acceptance at the time that his actions made continued employment impossible - Justified dismissal - If dismissal was found to be unjustified, was no merit in claim for compensation anyway - UNJUSTIFIED DISADVANTAGE - Applicant claimed phone conversation with regional manager and comments made by manager regarding performance disadvantaged him - No disadvantage from phone call - Written warning issued for alleged breach of drug and alcohol policy - Grievance not raised within 90 days of receipt of warning - Applicant applied for two positions within respondent company - No sustainable grievance in regard to application for trainer's position - No grievance raised about second position applied for - Applicant's illness not caused by any improper conduct of respondent - Authority found no merit in claim that respondent breached implied obligations - Length of service 13 months - Sale representative |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s103(1)(b), ERA s113, ERA s124 |
| Cases Cited | Attorney-General v Gilbert [2002] 2 NZLR 342;W&H Newspapers Ltd v Oram [2000] 2 ERNZ 488 |
| Number of Pages | 7 |
| PDF File Link: | ca 93_06.pdf [pdf 48 KB] |