| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 183 |
| Hearing date | 2 Mar 2011 |
| Determination date | 06 May 2011 |
| Member | V Campbell |
| Representation | A Singh ; W Davies |
| Location | Auckland |
| Parties | Anderson v Promax Computers Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed constructively dismissed by respondent – Director of respondent company (“D”) approached applicant and enquired whether applicant took money out of till – Applicant declined taking money out of till – Applicant attended disciplinary meeting and given opportunity to resign or be dismissed – Applicant resigned and claimed resignation was constructive dismissal – D claimed money missing from till – Video footage showed applicant doing something in till area and put something in pocket – Applicant claimed did not remember – D invited applicant to disciplinary meeting and gave applicant opportunity to go home until meeting – Applicant chose to remain at work – Authority preferred D’s evidence – Applicant claimed returned to office to retrieve iphone which was charging at D’s desk – D claimed applicant could recharge iphone at own workstation – Authority found applicant’s responses about what applicant was doing in office seemed unlikely to be entirely accurate – Respondent claimed mentioned resignation but as option not threat – Found D did not actually tell applicant would be dismissed – Found conversation about resignation not intended to be coercive – Found D did not act in way designed to extract resignation – No constructive dismissal – Computer Programmer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372;Wellington etc Clerical etc IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Auckland_183.pdf [pdf 18 KB] |