| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 339/06 |
| Hearing date | 4 Jul 2006 |
| Determination date | 06 November 2006 |
| Member | V Campbell |
| Representation | D Marriott ; A Swan |
| Location | Auckland |
| Parties | Baker v Dawson's Catering (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Casual employee - Respondent denied applicant dismissed - Claimed applicant went on sick leave and never returned - Nothing out of ordinary about unsuccessful pay review meeting - Performance issues raised appropriately with applicant - Applicant had infection and suffering from stress due to family situation - Respondent believed removing some duties from applicant would put him in less stressful situation - Suggestion put to applicant with assurance position as supervisor and level of hours would not be diminished - Applicant alleged demoted and action had effect of dismissing him - Took two weeks sick leave - Respondent claimed asked applicant to contact it when recovered, and gave evidence it attempted to contact applicant to offer work - No further contact made by applicant until statement of problem filed - On balance of probabilities applicant aware of performance issues - Respondent attempted to reduce impact work may have been having on applicant's stress by suggesting removal of some duties - Applicant not dismissed by those actions - Applicant knew if did not make contact with respondent no new work would be offered - Given casual nature of employment relationship Authority could not find actual or constructive dismissal - Length of service 1ï¾½ years - Functions supervisor |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | aa 339_06.pdf [pdf 24 KB] |