| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 158/07 |
| Hearing date | 21 Aug 2007 |
| Determination date | 21 December 2007 |
| Member | P Montgomery |
| Representation | B Climo ; D Kilpatrick |
| Location | Nelson |
| Parties | Avery v New Wool Products Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Abandonment - Applicant alleged dismissed after raised safety concerns with respondent - Claimed raised number of concerns but no action taken - Factory shut down for maintenance - Applicant advised would return when it was safe - Provided no further details of what needed to be remedied before he would return - Later attempts to contact applicant unsuccessful - Applicant returned to factory and handed over property and asked for wages and holiday pay - Respondent took actions as request from casual employee to end employment relationship - Applicant also complained to OSH, which undertook inspection of factory - Inspector assured work being undertaken to remedy defaults and no prohibition notice issued - Applicant claimed had number of “near misses” at work but had not reported them as required by company rules - Aware health and safety work underway - Contention left because health and safety concerns being ignored hard to sustain - Concerns raised by applicant insufficient to allege breach of duty to support decision to leave - Given respondent kept applicant informed of progress on health and safety related work resignation not foreseeable - Respondent later sent letter setting out belief applicant abandoned employment, however returning property clearly signalled resignation - No dismissal - Factory worker |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 10 |
| PDF File Link: | ca 158_07.pdf [pdf 42 KB] |