| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 191/02 |
| Hearing date | 30 May 2002 -31 May 2002 (2 days) |
| Determination date | 24 June 2002 |
| Member | J Wilson |
| Representation | P Craighead ; P Wicks |
| Location | Auckland |
| Parties | T v Nutype Accessories Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether course of conduct forced resignation - Verbal abuse by co-worker - Alleged repeated abuse - Complained to respondent - Alleged inaction led to resignation - Respondent alleged not enough time to resolve complaint - Alleged reduction in duties contributed to resignation - No evidence of reduction of duties - Clear evidence of abuse - Resigned before problem could be resolved - Constructive dismissal claim not made out - Non-publication order prohibiting identification of applicant |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA Second Schedule cl10 |
| 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 | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |