Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 141/02
Hearing date 17 Apr 2002
Determination date 15 May 2002
Member D King
Representation W McNeil ; C Bennett
Location Auckland
Parties Stevens v Atkins t/a The Waratah
Summary UNJUSTIFIED DISMISSAL - Constructive dismissal - Resigned due to allegations of theft of time - Allegation of applicant leaving work early - Alleged agreement between parties for early departure time - Queried about leaving early - Resigned after altercation over issue - No agreement for significant early departure - Respondent entitled to investigate matters - Investigation and informal discussion not sufficient to warrant resignation - No constructive dismissal - Cook
Result Application dismissed ; Costs reserved
Cases Cited Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [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 ; (1985) ERNZ Sel Cas 136
Number of Pages 3
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