| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 34/10 |
| Hearing date | 16 Sep 2009 |
| Determination date | 16 February 2010 |
| Member | H Doyle |
| Representation | S Bradshaw ; G Pollak |
| Location | Queenstown |
| Parties | Young v LSG Sky Chefs New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed respondent’s breach of duty sufficiently serious to make resignation reasonably foreseeable – Respondent claimed no breach and resignation voluntary – Respondent’s audit report concluded poor hygiene level maintained in kitchen applicant responsible for – Employment agreement provided failure to maintain specified hygiene levels constituted serious misconduct – Applicant alleged respondent yelled at applicant during audit – Respondent advised applicant audit “shocking” and requested disciplinary meeting - Applicant stressed and upset about pending meeting and developed shingles - Applicant resigned stating respondent’s treatment of applicant during and following audit unfair and improper causing resignation - Applicant went on sick leave – Applicant provided respondent with detailed medical certificate after resignation – Personal grievance raised – Authority found probable applicant resigned due to audit process and pending disciplinary meeting – Found allegation respondent yelled at applicant not raised with respondent therefore respondent could not investigate matter – Found respondent’s discussion with applicant that audit report “shocking” not breach of duty as respondent was advising applicant of audit result – Found respondent received detailed medical certificate after resignation therefore not aware applicant’s health vulnerable to extent discussion of audit and request for disciplinary meeting should not have occurred – Found no disciplinary meeting and action took place – No constructive dismissal - Chef |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Shop Employees Union v Woolworths (NZ) Ltd [1985] 2 NZLR 372 |
| Number of Pages | 8 |
| PDF File Link: | ca 34_10.pdf [pdf 30 KB] |