| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 520/10 |
| Hearing date | 23 Nov 2010 |
| Determination date | 20 December 2010 |
| Member | R Arthur |
| Representation | S Harris-Scoble ; C Eggleston |
| Location | Auckland |
| Parties | Murray v Sky Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed following disciplinary meeting – Respondent argued applicant resigned – Respondent met with applicant to discuss complaint about applicant from former employee – Evidence of respondent’s owner (“W”) preferred – Authority found applicant resigned from job – Authority accepted respondent had no intention of dismissing applicant on basis of complaint or pursuing it further – Found applicant’s conduct more consistent with resignation – Respondent actions showed did not seize upon applicant’s words of resignation in heat of the moment – Found respondent attempted to check twice applicant’s true intention – No constructive dismissal – Security guard |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s174 |
| Number of Pages | 7 |
| PDF File Link: | aa 520_10.pdf [pdf 30 KB] |