| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 6/09 |
| Hearing date | 7 Nov 2008 |
| Determination date | 09 January 2009 |
| Member | Y S Oldfield |
| Representation | T Beach ; T McGinn |
| Location | Auckland |
| Parties | Whitehead v Metallic Sweeping (1998) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed breach of duty, predetermination and coercion of resignation - Respondent became concerned applicant’s performance affected obligations with principal contractor (“C”) – Applicant attributed poor performance to truck malfunctioning and broken sprinkler causing health and safety issues – Applicant claimed concerns raised with manager (“F”) – Respondent claimed not properly informed and no problem existed – Respondent received first complaint from C regarding applicant’s performance – Respondent sent letter to applicant raising concerns and instructed mechanical problems to be raised with F – Respondent received second complaint and discrepancies with timesheet prompted disciplinary meeting – Applicant resigned at beginning of meeting believing predetermined dismissal – Applicant had earlier received reports someone else drove truck leading applicant to believe predetermination – Applicant subsequently learnt of advertisement for new worker - Respondent claimed new worker hired after resignation and F drove applicant’s truck to remedy C’s concerns – Authority found respondent’s letter and disciplinary meeting reasonable and no breach - Found no health and safety risks other than applicant’s own discomfort of keeping windows closed when operating truck – Found discomfort not raised with respondent – Found truck maintained monthly and had current certificate of fitness at time of resignation – Found advertisement and F driving applicant’s truck were to remedy C’s concerns – Found respondent genuinely concerned loss of business due to applicant’s performance - Found applicant discovered advertisement after resignation and not basis for decision - Found resignation premature and prevented investigation into issues – Found no predetermination - Found no caused of conduct with dominant purpose of coercing resignation – No constructive dismissal – Street Sweeper |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | aa 6_09.pdf [pdf 31 KB] |