| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 28/10 |
| Hearing date | 14 Oct 2009 |
| Determination date | 09 February 2010 |
| Member | P Montgomery |
| Representation | J Gregg ; P Washington |
| Location | Christchurch |
| Parties | Edwards v Tin Fillers Catering Ltd t/a Tin Fillers |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed subjected to criticism over small matters and bullying by respondent’s owners’ daughter – Respondent denied allegations and claimed walk out by applicant total surprise and came without warning – Respondent claimed attempted to resolve issues with applicant but found applicant uncooperative – Walk out followed owners’ daughter asking applicant to return seat in van to former position after completing delivery – Authority found some incidents imperfectly handled by owners’ daughter but not major events – Found applicant tendered verbal resignation and never sought to withdraw it – Found incident which triggered resignation insufficient to justify repudiation of employment agreement – No constructive dismissal – Kitchen hand |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 2 NZLR 415;Auckland Shop Employees IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136 |
| Number of Pages | 5 |
| PDF File Link: | ca 28_10.pdf [pdf 29 KB] |