| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 22/02 |
| Determination date | 07 March 2002 |
| Member | P R Stapp |
| Representation | A MacDuff ; T Devlin |
| Location | Christchurch |
| Parties | Woods v Computaleta Services (1988) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Warning - Seen at gym by acting manager when required to be at work - Disciplinary meeting after manager's return - Alleged unauthorised absence from workplace and personal use of work computer - Told at end of meeting that written warning to be given - Written warning issued 2 weeks later - Credibility - Respondent's evidence preferred - Disciplinary meeting reasonable - Representative present - Opportunity to explain - No evidence that absence amounted to time off in lieu - Open to fair and reasonable employer to issue warning for absence from work - Not open to respondent to conclude serious misconduct on grounds of personal use of computer - Applicant's explanation sufficient - Warning within range of options open to employer - Even if warning unjustified due to way in which it was written applicant not disadvantaged - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant resigned after receiving written warning - Alleged humiliated - Whether deliberate course of conduct to coerce resignation - Whether breach of duty - Humiliation not enough to amount to constructive dismissal - Sales representative |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |