| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 153 |
| Hearing date | 29 Apr 2013 |
| Determination date | 30 April 2013 |
| Member | R Larmer |
| Representation | J Simpson (in person) ; A Roux |
| Location | Auckland |
| Parties | Simpson v Helia Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s repeated comments applicant should resign – Authority found fair and reasonable employer would not have pressured applicant to resign in way that occurred – Found applicant unjustifiably disadvantaged when pressured numerous times by respondent’s director to resign - REMEDIES – One third contributory conduct - $400 compensation appropriate |
| Abstract | Applicant employed by respondent. Applicant claimed unjustifiably disadvantaged by respondent’s repeated comments applicant should resign. Applicant claimed respondent’s departing shareholder told applicant director (“R”) wanted to get rid of applicant. R asked applicant for ideas for reducing business costs and applicant claimed worried R would reduce applicant’s wages or holiday entitlements. Trainee manager told applicant R wanted applicant to remain behind counter during service which applicant claimed radical change to job. Argument occurred between applicant and R in front of customers in which applicant called R offensive name. In discussion following incident R told applicant number of times R and applicant could not continue working together. Meeting left on basis applicant to consider whether to resign. Applicant did not resign and R agreed not to attend workplace while applicant working.;AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: Applicant misinterpreted discussion about R’s intentions and R sought to reduce business costs not reduce applicant’s wages or holiday entitlements. R’s request applicant remain behind counter during service based on good operational reasons and not punitive or radical change to applicant’s job. Fair and reasonable employer would not have pressured applicant to resign in way that occurred. Applicant unjustifiably disadvantaged when pressured numerous times by R to resign. REMEDIES: One third contributory conduct. $400 compensation appropriate. |
| Result | Application granted ; Contributory conduct (one third) ; Compensation for humiliation etc ($400) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124 |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Auckland_153.pdf [pdf 149 KB] |