| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 309/09 |
| Hearing date | 8 May 2009 |
| Determination date | 31 August 2009 |
| Member | Y S Oldfield |
| Representation | N Plank (Applicant in person) ; G Crawford |
| Location | Auckland |
| Parties | Plank v Northland Vegetation Control Trust |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant argued resignation amounted to constructive dismissal – Respondent disputed dismissing applicant – Respondent received customer complaints about applicant’s performance – Authority found respondent reasonable in following up on complaints – Applicant took leave relying on authorisation of another staff member – Found not credible that applicant saw staff member as having requisite level of authority – Applicant received warning – Warning justified – Applicant argued dismissed following unauthorised use of company vehicle – Found applicant’s conduct in continuing to work after incident indicated no dismissal – Applicant finally resigned after respondent changed his duties due to complaint – No breach by respondent in changing duties – Found no dismissal – ARREARS OF WAGES – Applicant sought to recover outstanding wages – Applicant failed to supply time sheet to respondent – Respondent’s estimate of hours worked accepted – Found no wages owing – PENALTY – Respondent counterclaimed for penalty for applicant resigning without notice – Penalty claim not made within time period – Penalty claim dismissed – Sprayer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | aa 309_09.pdf [pdf 23 KB] |