| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 57 |
| Hearing date | 29 - 30 Aug 2012 |
| Determination date | 19 February 2013 |
| Member | J Crichton |
| Representation | T O'Connor ; J Latimer |
| Location | Auckland |
| Parties | O'Connor v Weston Milling, a division of George Weston Foods (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant claimed underlying culture of bullying in workplace - Respondent claimed personality conflict between applicant and co-worker - Applicant assisted to leave workplace following incident in team room and notice period paid out - Customer Services Representative |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: No evidence of bullying of applicant and no evidence applicant ever complained about bullying. Respondent active in resolving workplace conflicts and had appropriate procedures in place to deal with issues. Respondent justified in removing applicant from workplace following incident in tea room so as not to cause applicant or other staff further distress. Respondent took all proper steps to investigate incident and reach decision to remove applicant. No unjustified dismissal. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136 ; [1985] 2 NZLR 372 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Auckland_57.pdf [pdf 231 KB] |