| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 142/06 |
| Hearing date | 4 Sep 2006 |
| Determination date | 27 September 2006 |
| Member | J Crichton |
| Representation | T Bamford : F Freeman |
| Location | Christchurch |
| Parties | Knapp v Clinkers Ltd t/a The Old Bill"" |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant closed up on night patron remained in bar after lock up and subsequently set off alarm - Applicant called to meeting where responded fully to allegations and denied any wrongdoing - Also raised security issues - Applicant claimed safety concerns minimised by employer and felt not being believed, so offered resignation - Applicant encouraged to reconsider but subsequently confirmed resignation - Timing of events at meeting significant, by time applicant offered resignation knew respondent regarded matter as open because of clear statement further inquiries to be made - This went some way to repairing damage done by unsatisfactory letter summoning applicant to meeting - Letter appeared to state facts rather than allegations and implied information at hand pointed to applicant as culprit - Meeting fair and reasonable exercise of employer's obligation to investigate serious allegation and process did not unfairly impact on applicant - Applicant's behaviour showed she made proper use of meeting process to defend herself - Resignation letter raised two issues - Applicant had health and safety concerns because patron able to remain in bar - Also concluded integrity seriously questioned because thought respondent preferred drunken patron's explanation - Based on meeting's tone did not think possible to return - Applicant pre-judged respondent's response - Notion resignation foreseeable seemed remote indeed - Security concerns may have grounded personal grievance but applicant did not give respondent chance to ensure safety - Evidence suggested respondent took security seriously and allegation workplace unsafe could not be made out - No constructive dismissal - Length of service six months - Duty manager |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | ca 142_06.pdf [pdf 44 KB] |