| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 67/10 |
| Hearing date | 12 Dec 2009 |
| Determination date | 16 March 2010 |
| Member | P Montgomery |
| Representation | S Case (Applicant in person) ; R Thompson |
| Location | Christchurch |
| Parties | Case v BJ Dakins & Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably constructively dismissed – Respondent argued no dismissal and applicant resigned voluntarily before disciplinary investigation concluded – Respondent held disciplinary meeting – Allegations of misuse of paid time and breaches of employment agreement put to applicant – Applicant requested adjournment to allow applicant to prepare responses – Two days later, applicant tendered verbal resignation to respondent – Respondent accepted resignation – Personal grievance raised – Authority found by applicant’s own admission secured new employment with respondent’s competitor before resignation – Found applicant resigned voluntarily and new employment showed decision not hasty – Found no evidence applicant given option to either resign or be dismissed – Found probable applicant knew employment would be terminated if investigation resumed therefore resigned and found new employment – Found no dismissal – COSTS – Authority ordered applicant pay respondent $1,500 reasonable contribution to costs – Driver/Operator |
| Result | Application dismissed ; Costs in favour of respondent ($1,500) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 5 |
| PDF File Link: | ca 67_10.pdf [pdf 28 KB] |