Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 50/02
Hearing date 21 Mar 2002 - 22 Mar 2002 (2 days)
Determination date 10 May 2002
Member P Cheyne
Representation P Rutledge ; S Wilson
Location Christchurch
Parties Laing v Department of Corrections
Summary UNJUSTIFIED DISMISSAL - Constructive dismissal - Only female employed in kitchen - Subjected to harassment, intimidation and non-cooperation from co-worker - Did not inform management of problems - Tendered resignation due to unwelcome response from co-worker - Refused request to hold off resignation pending investigation into allegations - Employer complied with policies regarding inappropriate behaviour - No requirement to do more than standard compliance - No breach by employer causing resignation - Constructive dismissal claim not made out - Chef
Result Application dismissed ; Costs reserved
Cases Cited Attorney-General v Gilbert [2002] 2 NZLR 342;Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168;Jackson v McIntosh t/a Aunt Edna's Bakery [1999] 2 ERNZ 275
Number of Pages 5
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