| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 73 |
| Hearing date | 11 May 2011 |
| Determination date | 27 May 2011 |
| Member | M B Loftus |
| Representation | P Roberts ; D Rhodes |
| Location | Cromwell |
| Parties | Parks v Compass Group (NZ) Ltd t/a Medirest |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed respondent unreasonably failed to have trust and confidence in applicant forcing resignation – Applicant claimed supervisor (“C”) said best applicant resigned and prepared resignation letter – Respondent claimed resignation gross over-reaction to unfortunate comments – Applicant advised C would be off work due to illness – C organised casual employee (“T”) as replacement – T called applicant about work issue and applicant mentioned doctor’s appointment – T advised C applicant seeing doctor – C responded applicant always used same excuse – T rang applicant to determine if returning to work and mentioned C’s comment – Applicant asked to see C next day – Applicant claimed C said thought applicant on holiday and best if applicant resigned – Applicant phoned manager (“P”) next day, claimed P failed to contact applicant after spoke to C – Applicant admitted to hospital with severe illness – C claimed only said applicant often used same excuse but denied told applicant resignation good idea – Applicant given termination form – C claimed told applicant to think about it and form returned next day – P denied told applicant would contact after spoke with C – P claimed unaware C’s comments and applicant’s resignation linked – P contacted C and advised comments inappropriate – Authority found no evidence to support allegation C’s comments induced resignation – Noted inconsistencies in applicant’s evidence and no evidence C filled out termination form – Found applicant tendered resignation and C told applicant to consider decision overnight - Noted applicant’s evidence of conversation with P contradictory – Found respondent did not seek resignation or gave applicant no choice - Found C’s comment insensitive but not of character or seriousness to make resignation reasonably foreseeable – Resignation not justified by circumstances that led to resignation – No breach of duty – No constructive dismissal - Application dismissed - Handyman |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136;Neilson t/a Neilson & Associates v Auckland Dental etc IUOW [1989] 2 NZILR 304;NID Distribution Workers etc IUOW v Foodtown Supermarkets Ltd [1988] NZILR 588;Weston v Advkit Para Legal Services Ltd [2010] NZEMPC 140 |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Christchurch_73.pdf [pdf 27 KB] |