| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 244/07 |
| Hearing date | 30 Apr 2007 - 5 Jun 2007 (2 days) |
| Determination date | 13 August 2007 |
| Member | J Scott |
| Representation | G Finnigan ; P Robertson |
| Location | Auckland |
| Parties | Bridge v Wairau Intermediate School |
| Summary | UNJUSTIFED DISMISSAL - UNJUSTIFED DISADVANTAGE - Constructive dismissal - Respondent submitted applicant remained an employee on leave without pay - Applicant operated own business in addition to employment - Felt overworked and unwell - Initially granted short term leave without pay but decided to apply for year’s leave to reorganise life - Applicant alleged respondent’s handling of matter unjustified - Request declined by Board but applicant remained on unauthorised leave and did not clarify intentions as requested - Sought review of Board’s decision - Board concerned by ongoing absence and sought meeting to clarify her status - Applicant felt aggrieved and decided could not return to workplace - Sought exit package but matter remained unresolved - Board entitled to reject application for extended leave - Applicant had duty to return to school or clarify intentions but did neither, a breach of contractual duties and duty of good faith - By time met with Board applicant had decided not to return - Although Board agreed applicant would remain on leave without pay pending mediation, Authority found applicant abandoned employment at meeting - Respondent made number of errors managing matter, and while may have caused applicant unhappiness, actions did not cross line to repudiatory conduct - In circumstances, and given applicant’s breaches of duty, mistakes did not amount individually or collectively to breaches that left applicant with no option but to resign and did not unjustifiably disadvantage her - Teacher |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Jeffries v Adis International Ltd unreported, Travis J, 7 December 2006, AC 69/06;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 26 |
| PDF File Link: | aa 244_07.pdf [pdf 87 KB] |