| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 165/02 |
| Hearing date | 9 May 2002 |
| Determination date | 30 May 2002 |
| Member | K J Anderson |
| Representation | GA Walsh ; V Campbell |
| Location | Auckland |
| Parties | Opetaia v Canpac International Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether breach of duty by respondent resulted in resignation - Promoted to new position - Alleged abuse by supervisor - Resigned on two occasions - Convinced to return by respondent - Moved to night shift - Resigned - Respondent had to balance interests of employees - Attempted to address problem without losing valued employees - Manager undertook counselling - Applicant was determined not to work with manager - Resignation occurred three months after incidents - Constructive dismissal not made out - Assistant supervisor |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Auckland Shop etc Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |