| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 72/02 |
| Determination date | 19 March 2002 |
| Member | J Wilson |
| Representation | Camp in person ; W Bowden |
| Location | Auckland |
| Parties | Camp v Wayne Bowden Painters Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Harassment - Alleged harassed by foreman for working slowly - Alleged foreman threatened to dismiss - Questioned health and safety procedures - OSH involvement - Felt would be blamed for any further incidents involving OSH - Respondent undertook to address issues - Did not accept assurances - Failed to wait to see if fears realised - Conduct as a whole considered - No breach of duty - Not forced to resign - Painter |
| Result | Application dismissed ; Costs to lie where they fall |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168; [1994] 2 NZLR 415;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372;NZ Woollen Workers IUOW v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |