| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 198/09 |
| Hearing date | 29 Oct 2009 |
| Determination date | 17 November 2009 |
| Member | J Crichton |
| Representation | M henderson ; S McClelland |
| Location | Christchurch |
| Parties | Eades v HMS Airport Terminal Services Inc |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Constructive dismissal - Applicant claimed was told during meeting work performance poor and must resign or be dismissed – Claimed not advised was disciplinary meeting, of subject matter, or to bring support person – Claimed was unjustifiably dismissed and disadvantaged – Respondent argued applicant resigned at meeting having previously told co-workers unhappy in job – Respondent claimed meeting not disciplinary but to discuss applicant’s performance in counselling tone – Conflict in evidence regarding meeting – Authority accepted respondent’s evidence applicant previously complained to co-workers that were “too many bosses”, had sought advance in wages, swore at manager, and stated only working for respondent because required by WINZ – Authority found managers at meeting did not have authority to dismiss – Found applicant wrote resignation letter at own initiative during meeting – Found respondent offered applicant opportunity to withdraw resignation following day – Found applicant not credible witness – Found applicant initiated termination of employment and nothing respondent did contributed in any material way – No unjustified dismissal - No unjustified disadvantage – Cafeteria assistant |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Wellington Clerical IUOW v Greenwich [1983] ERNZ SECL CAS95 |
| Number of Pages | 7 |
| PDF File Link: | ca 198_09.pdf [pdf 23 KB] |