| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 18 |
| Hearing date | 20 Aug 2012 |
| Determination date | 22 January 2013 |
| Member | M B Loftus |
| Representation | W van Harselaar ; R Brazil |
| Location | Dunedin |
| Parties | Gallagher v Presbyterian Support Services (Otago) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably disadvantaged and unjustifiably dismissed by respondent – Applicant took sick leave after annual leave declined – Letter of expectation – Applicant claimed bullied – Applicant questioned independence of investigator - Caregiver |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant failed to establish constructively dismissed. Respondent entitled to investigate applicant’s behaviour resulting in warning. No validity to complaint investigator biased. No unjustified disadvantage. No constructive dismissal. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136; [1985] 2 NZLR 372;Wellington, Taranaki and Marlborough Clerical etc IUOW v Greenwich (t/a Greenwich and Assoc Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95;Z v A [1993] 2 ERNZ 469 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Christchurch_18.pdf [pdf 192 KB] |