| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 56 |
| Hearing date | 14 Dec 2012 |
| Determination date | 19 March 2013 |
| Member | P R Stapp |
| Representation | K Arnott ; P Zwart |
| Location | Blenheim |
| Parties | Harvey v The Home Centre Ltd t/a Marlborough Mitre 10 Mega |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant alleged bullied by supervisor - Applicant not forewarned of attendance of supervisor at meeting – Applicant asked by respondent to return to meeting - Supervisor made negative comments regarding applicant and applicant’s mother in attendance as applicant’s support person - Checkout Operator |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent did not fail to provide safe place of work. Respondent breached good faith when put pressure on applicant to return to meeting after which applicant verbally attacked by supervisor. Respondent responsible for situation as respondent’s process went wrong leading to abuse of applicant by supervisor. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $3,920 reimbursement of lost wages. $3,000 compensation appropriate. |
| Result | Application granted; Reimbursement of lost wages ($3,920); Compensation for humiliation etc ($3,000); Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168; [1994] 2 NZLR 415;Auckland Shop Employees IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136; [1985] 2 NZLR 372;New Zealand Woollen Workers IUOW v Distinctive Knitwear New Zealand Ltd (1990) ERNZ Sel Cas 791; [1990] 2 NZILR 438;Turks Poultry Farm Limited v Adkins [1996] 1 ERNZ 374;Yong (t/a Yong & Co Chartered Accountants) v Chin [2007] ERNZ 322 |
| Number of Pages | 16 |
| PDF File Link: | 2013_NZERA_Christchurch_56.pdf [pdf 207 KB] |