| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 119/06 |
| Hearing date | 5 Sep 2006 |
| Determination date | 05 September 2006 |
| Member | G J Wood |
| Representation | No appearance ; J Cooley |
| Location | Wellington |
| Parties | Gillette v Cooley |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance by applicant - Applicant's representative given leave to withdraw before investigation - Neither respondent or former representative knew how to contact applicant - Respondent's evidence accepted - Applicant never directly told respondent why left employment - Statement of problem claimed left because respondent failed to investigate fight between applicant and fellow worker, and method of dismissal of that worker - Respondent decided not to investigate fight as took place after work and off site - Decision fair and reasonable employer would likely make - Other employee's dismissal had no direct impact on applicant in employment context - No breach of duty by respondent - No causal connection between applicant leaving and events described - No constructive dismissal - ARREARS OF WAGES - All wages paid - Applicant claimed respondent obliged to pay transport money each week - Respondent gave another employee money in first week of employment because of immediate transport difficulties - Applicant received money as took worker to site - Obligation to pay transport money did not continue beyond first week of other worker's employment - No monies owing to applicant under arrangement - Length of service five weeks |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA Second Schedule cl12 |
| Number of Pages | 3 |
| PDF File Link: | wa 119_06.pdf [pdf 16 KB] |