CPL Health Care v Keith Blundell Posted In: Case Law
Legal BodyLabour Court (LC)
Type of Claim / JurisdictionUnfair Dismissal, Pay and Conditions of Employment
This case concerned a claim of constructive dismissal based on reasons of safety, intimidation and a refusal to implement the rights of an employee. The complainant worked in a challenging environment involving children who posed a serious risk to themselves. He had advised his manager, following an incident, that he would not work any further shifts until he received written confirmation that if he was seriously assaulted his medical expenses would be covered and he would receive access to an assault scheme.
A senior manager allegedly responded to this request by saying 'thank Keith for his service'. He subsequently did not return to work. The Court found that the reason to cease working
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