| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 105 |
| Hearing date | 18 Mar 2013 |
| Determination date | 27 March 2013 |
| Member | A Fitzgibbon |
| Representation | D Flaws ; R Harrison |
| Location | Auckland |
| Parties | Hook v Stream Group (NZ) Pty Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s behaviour during meeting and not being required to work out notice period – Applicant claimed unjustifiably dismissed by respondent – Whether applicant bullied during disciplinary meeting – Applicant looking for another job after did not receive pay rise – Warning for recording meeting on mobile phone and being absent from office without notifying manager – Applicant absent from office to attend job interview – Applicant given option of giving extended notice period or staying with respondent and continuing with disciplinary process – Final written warning – IT administrator |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Disciplinary meeting heated but respondent’s conduct did not amount to unjustifiable action. Respondent had right under employment agreement not to have applicant work out notice period and cause disruption. No unjustified disadvantage. No breach of duty by respondent as to make applicant’s resignation reasonably foreseeable. No constructive dismissal. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_105.pdf [pdf 246 KB] |