| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 133 |
| Hearing date | 28 Jun 2013 |
| Determination date | 02 July 2013 |
| Member | M B Loftus |
| Representation | D Justice (in person) ; S Power, T Power |
| Location | Blenheim |
| Parties | Justice v FMS (2009) Ltd t/a Fastway Nelson |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed by respondent – Applicant alleged bullied by co-worker – Whether respondent failed to address applicant’s concerns - Whether applicant earlier dismissed by unsigned dismissal letter – Courier driver |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent commenced process aimed at addressing applicant’s concerns. Allegations of bullying not clearly made out. No earlier dismissal. No constructive dismissal. |
| Result | Application dismissed; Costs to lie where they fall |
| 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;Wellington, Taranaki and Malborough Clerical etc IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95;Z v A [1993] 2 ERNZ 469 |
| Number of Pages | 5 |
| PDF File Link: | 2013_NZERA_Christchurch_133.pdf [pdf 157 KB] |