| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 230/02 |
| Hearing date | 17 Jul 2002 |
| Determination date | 08 August 2002 |
| Member | Y S Oldfield |
| Representation | K Barry-Piceno ; P Swarbrick |
| Location | Auckland |
| Parties | Owens v Pilkington (New Zealand) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Took paid and unpaid leave for period of 6 weeks after death of son - Requested reduced hours on return to work - Request agreed to by area manager but never communicated to branch manager - Conflict between applicant and branch manager concerning reduced hours - Allowed to finish early for first week back - Told in second week that if she left early warning would be issued - Resignation encouraged by branch manager - Resignation letter offered and accepted - Small workplace - Not unreasonable for respondent to refuse to extend reduced hours - Branch manager's general conduct unwise in circumstances but not a fundamental breach of duty - Applicant could have sought help of area manager - Resignation premature - Encouragement by branch manager not primary reason for termination - Did not want to work full-time - No unjustified dismissal - Customer services position |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 7 |
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