| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 219/10 |
| Hearing date | 30 Nov 2010 |
| Determination date | 30 November 2010 |
| Member | P Cheyne |
| Representation | M Shahadat ; L Ryder |
| Location | Christchurch |
| Parties | Faitaua v Armourguard Security Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed resignation was constructive dismissal - Following comments made to her by her supervisor (“X”), applicant told manager that going to resign - Manager asked for resignation in writing - Next day applicant provided letter of resignation - Applicant told would be paid two weeks notice in advance - Applicant immediately left workplace - Applicant claimed X talked to her in unpleasant and aggressive matter - Respondent disputed applicant’s claims - Authority found applicant intended to resign - Found employee could not always be held to words of resignation in heat of moment provided promptly made it clear communication not meant as resignation - Found applicant backed up clear words with written resignation next day and took no steps to challenge her actions or respondent’s acceptance of resignation until more than month later - Found if two exchanges happened were very brief and amounted to no more than a supervisor being curt and abrupt - Found behaviour fell well short of creating reasonably foreseeable substantial risk of resignation - Found even if X spoke in unpleasant and aggressive manner to applicant in breach of duty owed by respondent not reasonably foreseeable applicant might resign - No unjustified dismissal - No personal grievance - Cashier |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland & Gisborne Amalgamated Society of Shop Employees and Related Trades etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 ; [1985] 2 NZLR 372 ; (1985) ERNZ Sel Cas 136;Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Boobyer v Good Health Wanganui Ltd unreported, Goddard CJ, 24 Feb 1994, WEC 3/94;Wellington, Taranaki & Marlborough Clerical etc IUOW v Greenwich V.V. & C.F. (t/a Greenwich & Associates Employment Agency & Complete Fitness Centre) [1983] ACJ 965 ; (1983) ERNZ Sel Cas 95 |
| Number of Pages | 4 |
| PDF File Link: | ca 219_10.pdf [pdf 15 KB] |