| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 221/01 |
| Determination date | 17 December 2001 |
| Member | WRC Gardiner |
| Representation | C Starr ; S Menzies |
| Location | Auckland |
| Parties | Stairmand v MacArthur Engineering & Sheetmetal Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether resigned or dismissed - Alleged unilateral changes made to job description - Alleged lack of trust in relation to bereavement leave and ACC claims - Procedure previously discussed for issues that arose - Did not use protocol established - Respondent could not have had reason to foresee resignation - Not accepted responsibility taken away from applicant - CEC contemplated duty changes - No evidence applicant complained to anyone in authority - Bereavement leave - Asked for evidence of death - Entitled under CEC to seek satisfactory evidence of death - Accident at work - Failed to follow company procedure - Prevented from retrospectively recording as work accident - No breach of trust - Alleged disparity of treatment adequately explained - Requested meeting with manager to discuss rumours - Alleged manager had suggested applicant had taken stock - Allegations denied by manager - No resolution reached - Could not have anticipated dismissal - No breach of duty - Constructive dismissal claim not made out |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;Coca-Cola Amatil (NZ) Ltd v Kaczorowski [1998] 1 ERNZ 264;Holley v Country Foods NZ Ltd unreported, Goddard CJ, 24 April 1996, WEC 20/96;Northern Clerical etc Union v Emery Customs Brokers NZ Ltd [1990] 1 NZILR 634;NZ Woollen Workers' Union v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438;Samu v Air New Zealand Ltd [1995] 1 ERNZ 636;Wellington etc Clerical Workers' Union v Barraud & Abraham Ltd [1970] 70 BA 347;Wellington etc Clerical Workers' Union v Greenwich [1983] ACJ 965;Western Excavating Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 11 |
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