| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 112/09 |
| Hearing date | 23 Jun 2009 |
| Determination date | 23 July 2009 |
| Member | J Crichton |
| Representation | S Boyce, K Murray ; A Higgins |
| Location | Christchurch |
| Parties | Hopkinson v Cook Saddle Saloon |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Constructive dismissal - Applicant claimed breach of good faith sufficiently serious to make resignation reasonably foreseeable – Respondent argued applicant resigned for personal reasons – Applicant discussed resignation due to family obligations with respondent – Respondent advised notice to be given and applicant required to return to workplace for important meeting – Applicant failed to return and respondent advised conduct unacceptable – Applicant resigned without notice – Applicant claimed respondent breached good faith by tampering with timesheet, humiliated applicant, belittled applicant’s integrity, unfair allocation of shifts and failed to consult when necessary – Authority found no breach of good faith – Found respondent wanted employment relationship to continue, however, applicant resigned for family reasons – Found requirement for applicant to attend meeting reasonable when notice given and meeting’s agenda relevant to applicant’s role – Found changes made to applicant’s timesheet acceptable when times recorded incorrect – Found no evidence to support applicant’s other claims – No unjustified disadvantage - No constructive dismissal - COSTS – Authority found applicant unable to meet costs award therefore costs to lie where they fall – Chef |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Statutes | ERA s4 |
| Number of Pages | 8 |
| PDF File Link: | ca 112_09.pdf [pdf 39 KB] |