| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 12 |
| Hearing date | 15 Nov 2013 |
| Determination date | 30 January 2013 |
| Member | T MacKinnon |
| Representation | N Ridder ; D Kilpatrick |
| Location | Wellington |
| Parties | Iva v Strandbags Pty Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent failing to address concerns regarding conduct of applicant’s manager, removal from roster and pay stoppage, and unjustifiably dismissed by respondent – Allegation applicant’s manager spoke aggressively, swore, demonstrated racial and other prejudice, belittled, intimidated and humiliated applicant in front of customers - Manager reprimanded applicant for time spent in serving customer - Manager asked applicant to leave for day – Applicant stated would not be returning to work and requested retail manager attend exit interview - Sales Assistant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: When manager asked applicant to leave for day did not convey that applicant to leave permanently and not return. Witness evidence showed unlikely manager treated applicant in alleged bullying manner. No constructive dismissal. Applicant calmly conveyed intention not to return and respondent not obliged to ask applicant to reconsider. No unjustified dismissal. Applicant not unjustifiably disadvantaged by manager’s behaviour, or by removal from roster and stopping of pay. No unjustified disadvantage. |
| 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;Clear v Waikato District Health Board [2008] ERNZ 646 |
| Number of Pages | 16 |
| PDF File Link: | 2013_NZERA_Wellington_12.pdf [pdf 261 KB] |