| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 265/07 |
| Hearing date | 17 Apr 2007 |
| Determination date | 28 August 2007 |
| Member | L Robinson |
| Representation | G Fox (in person) ; J Turner |
| Location | Auckland |
| Parties | Fox v Atlas Quarries Ltd |
| Summary | UNJUSTIFED DISMISSAL - Constructive dismissal - Applicant alleged forced out of employment - Applicant away from work for nearly a month on sick leave before advised would not be returning - Did not explain reasons for decision - Later raised personal grievance alleging number of incidents took place during employment - Respondent claimed unaware of nature of applicant’s complaints - Matters in applicant’s letter historical and raised out of time - Complaints also so vague as to be incapable of determination - No common connection linking complaints - Respondent had not embarked on course of conduct to coerce resignation - To contrary, even though applicant could be difficult, it sought to retain him as employee - No breach of duty by respondent - No constructive dismissal - Batcher |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 |
| Number of Pages | 10 |
| PDF File Link: | aa 265_07.pdf [pdf 41 KB] |