| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 113/07 |
| Hearing date | 24 Jul 2007 |
| Determination date | 13 September 2007 |
| Member | P Cheyne |
| Representation | J Lovely ; R Webster |
| Location | Dunedin |
| Parties | Burns v Hirequip Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged exposed to workplace hazard that was actual or potential cause of serious harm - Claimed hazard was overwork and stress, and resulted in heart condition - First raised topic of heart condition and stress with respondent during disciplinary meeting called to discuss performance - Applicant told outcome of disciplinary process would be written warning and requirement to improve - Applicant advised felt no option but to resign due to breach of obligation not to overwork him or cause harm as result of workplace practices - Respondent submitted surprised by this - Warning and lack of response to recent assertion of overwork did not cause resignation - Applicant had decided to resign before second meeting due to belief heart problem caused by workplace stress - Evidence did not establish link to necessary standard and without this difficult to see any breach of duty by respondent - No validity to claims of overwork or lack of resources - No breach of obligations by respondent - No constructive dismissal - Manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | HSE 1992 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities IUOW Inc [1994] 1 ERNZ 168;Auckland Shop Employees Union v Woolworths NZ Limited [1985] ACJ;963;Gilbert v Attorney General [2002] 1 ERNZ 31 |
| Number of Pages | 11 |
| PDF File Link: | ca 113_07.pdf [pdf 39 KB] |