Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 79/02
Hearing date 18 Jul 2002
Determination date 29 August 2002
Member G J Wood
Representation F Wall ; J Hobbs
Location Wellington
Parties McCammon v Wellington Free Ambulance
Summary UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged failure to provide training - Enrolled in course as external student - Internal students required 12 months' experience - Engaged with respondent - Alleged representation that training would continue but as internal student - Informed training would have to be deferred until 12 months' service completed - Credibility - Respondent's evidence preferred - No representation given - Informed if gained position would have to defer study - No breach of contract - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - Alleged failure to provide training - Purpose of training was to gain position with respondent - Applicant already had attained such a position - No harm caused by deferring study - No disadvantage - Ambulance officer
Result Application dismissed ; Costs reserved
Cases Cited Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372;Sky Network Television Ltd v Duncan [1998] 3 ERNZ 917
Number of Pages 13
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