| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 155/09 |
| Hearing date | 8 Sep 2009 |
| Determination date | 16 October 2009 |
| Member | P R Stapp |
| Representation | B Laracy ; C Knolles |
| Location | Wellington |
| Parties | Kaiwai v Fresh Connection Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal – Applicant claimed resigned under duress from respondent – Respondent argued no duress and resignation voluntary – Applicant had history of punctuality problems and unexplained absences from work – Respondent paid applicant wages in advance to help applicant arrive at work on time – Respondent raised punctuality issue with applicant and advised applicant if wanted to resign, resignation needed to be in writing – Applicant claimed respondent forced applicant to write resignation letter – Respondent argued no duress – Respondent’s evidence preferred – Authority found applicant unable to establish duress – Found applicant’s punctuality issues caused respondent’s concerns and wanted to discuss issue with applicant – No constructive dismissal – Driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 5 |
| PDF File Link: | wa 155_09.pdf [pdf 28 KB] |