| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 90 |
| Determination date | 15 May 2012 |
| Member | A Dumbleton |
| Representation | M Guest ; W van Vuuren |
| Location | Christchurch |
| Parties | Irvine V Wallace & Cooper Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant called respondent’s managing director (“C”) to raise concerns about not receiving pay – Applicant claimed C responded aggressively with profanities – Applicant resigned four days later – Applicant claimed constructively dismissed – C denied used profanities – Respondent’s employee (“E”) heard phone conversation outside C’s office – E claimed C used profanities – Authority found C had propensity to use crude expressions, often made faecal or defecatory references and used profanities – Found applicant had not provoked C and no justification for C’s obscene, demeaning and degrading comments – Found respondent’s implied duty not to act in manner calculated to destroy or seriously damage employment relationship breached by C’s abuse of applicant – Found abuse cause of applicant’s resignation – Found respondent’s breach of duty sufficiently serious that reasonably foreseeable applicant not prepared to continue to work in conditions – Found other matters raised by applicant not amounting to breach of duty by respondent – Found applicant constructively dismissed – Dismissal unjustified – REMEDIES – No contributory conduct – Found strain in relationship between applicant and respondent meant relationship unlikely to continue longer than six months - $75,000 reimbursement of lost wages - $19,000 compensation appropriate – Sales and marketing manager |
| Result | Application granted; Reimbursement of lost wages ($75,000); Compensation for humiliation etc ($19,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s128(2);ERA s128(3) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168; [1994] 2 NZLR 415;Telecom New Zealand Ltd v Nutter [2004] 1 ERNZ 315;Waitakere City Council v Ioane [2004] 2 ERNZ 194 |
| Number of Pages | 12 |
| PDF File Link: | 2012_NZERA_Christchurch_90.pdf [pdf 153 KB] |