| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 230/10 |
| Hearing date | 5 Nov 2010 |
| Determination date | 14 December 2010 |
| Member | E Robinson |
| Representation | G Burness ; B Nathan |
| Location | Christchurch |
| Parties | Roosing v Avon Picture Mouldings Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant upset following discussion about job with Manager (“M”) – Applicant and colleague (“B”) got into heated altercation when B suggested applicant should receive warning for not doing job – Applicant resigned – Applicant claimed unwell and did not attend work next two days – Team confused whether applicant resigned or sick – Applicant claimed attempted to contact M but did not leave message – Applicant later apologised for altercation by telephone but M accepted applicant’s resignation – Applicant requested job back – M refused – Authority found resignation arose during altercation – Found no prior indicators of possible altercation between applicant and B – Found General Manager (“W”) unable to stop altercation – Found no reason for respondent to foresee altercation so serious might result in applicant resigning – Found W took all reasonable steps to defuse altercation and took appropriate disciplinary action regarding B for part in altercation – Found no breach of duty on part of respondent causing applicant’s resignation – No dismissal – Found applicant entitled to unilaterally resign – Found reasonable to assume resignation would not have been acted upon and applicant would return to work – Found surprising applicant did not leave message or tried to contact respondent later same day – Respondent claimed gave applicant ample time to reconsider resignation but in light of lack of contact, reached conclusion applicant decided to carry through with resignation – Found respondent had reasonable grounds for view – Found verbal resignation confirmed by lack of subsequent contact – Found no obligation on respondent to dissuade applicant from resigning – Found opportunity to discuss resignation passed through applicant’s own fault – Paint Supervisor |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Health and Safety in Employment Act 1992 s6 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial Local Authorities Officers IUOW [1994] 2 NZLR 415;Boobyer v Good Health Wanganui Ltd [1994] ELB 43;Stiffe v Wilson & Horton unreported, Goddard CJ, 5 Dec 2000, AC 94/00 |
| Number of Pages | 13 |
| PDF File Link: | ca 230_10.pdf [pdf 58 KB] |