| Summary |
UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant injured back - Off work with medical certificate - Respondent's policy required employees to obtain clearance for return to normal duties as no light duties available - Applicant returned to work but claimed only meant to do light or alternate duties and raised matter with health and safety officer - Returned to doctor and given further three days leave - Resigned same day - Applicant claimed had no choice if respondent unwilling to provide other work, and issues relating to alleged discrimination by supervisor and declined request for night shift in background - Initially ACC accepted coverage and respondent paid first week's earnings, although ACC later changed mind - Evidence fell short of establishing discrimination in workplace - No causal link between resignation and requirement to work normal duties when returned to work, or refusal of request for night shifts - Resignation voluntary and premature considering applicant had medical certificate and ACC coverage - Without assessment for rehabilitation, respondent within rights not to offer job rotation without breaching terms of applicant's employment - Although not clearly communicated, applicant aware of policy relating to light duties - Any defects in this regard would not constitute sufficiently serious breach for applicant to resign - Although health and safety officer could have been involved earlier in applicant's return to work, as applicant covered by ACC had options other than resigning - Applicant not able to establish forced to work with injury or respondent failed to meet health and safety obligations - No constructive dismissal - Linisher |