| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 14 |
| Hearing date | 26 Jan 2011 |
| Determination date | 31 January 2011 |
| Member | J Crichton |
| Representation | B Gillanders ; J O'Neill |
| Location | Dunedin |
| Parties | Kyle v HA & FM Brittenden Partnership |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – Argument occurred between applicant and one of respondent’s owners (“B”) – Applicant objected to disrespectful way another staff member spoke to her and sought support from B – B declined to take action requested by applicant and reiterated staff member should be left to B to manage – Subsequently words exchanged between applicant and B – B argued not sending applicant away but sought to make point that applicant needed to stop raising issue – B received telephone call from applicant’s partner – Subsequently applicant called B and stated could not come back to workplace and sought final holiday pay – Applicant’s counsel sought to resurrect employment relationship but respondent’s position that applicant had resigned and respondent accepted resignation – Authority found nothing to suggest respondent sought to extract resignation from applicant in lieu of dismissal – Found evidence suggested respondent sought to retain applicant’s services because applicant good at job – Found nothing to suggest breach of duty by respondent – Found B did not seek to have applicant leave workplace by intemperate remark – Found arrangements were muddled rather than evidence of serious breaches suggesting repudiation of agreement – Found no unjustified constructive dismissal – Found although both parties to take responsibility for breakdown of employment relationship, far greater share of responsibility borne by applicant – Caf� worker manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Christchurch_14.pdf [pdf 29 KB] |