| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 347 |
| Hearing date | 11 Apr 2013 - 17 Jul 2013 (2 days) |
| Determination date | 08 August 2013 |
| Member | E Robinson |
| Representation | W Reid ; S O'Brien |
| Location | Tauranga |
| Parties | Larnach v Gipsy Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Whether applicant requested training on accounting system – Whether respondent provided professional support – Respondent raised concerns about applicant’s professionalism – Whether applicant refused to work with mentor – Mentor unsatisfied with applicant’s progress learning staff appraisal system – Whether applicant refused assistance from support person – Applicant struggled to cope with amount of work – Applicant allegedly drunk at staff function – Applicant spoken to about inappropriate behaviour – Alleged applicant abused individual at town centre – Respondent sent applicant and partner on holiday to Fiji – Applicant and partner assumed responsibility for school lunch catering – Applicant and partner allowed to purchase personal groceries except alcohol and cigarettes – Respondent discovered alcohol and cigarette purchases – Respondent agreed to pay applicant and partner directly for catering costs – Applicant continued using respondent’s business account to purchase groceries – Applicant intended to use quarterly bonus to pay outstanding grocery monies – Respondent terminated catering arrangement – Applicant called to investigation meeting – Applicant issued final written warning – Applicant’s brother intoxicated and sexually inappropriate at staff function – Respondent discovered applicant ceased invoicing parents – Applicant invited to disciplinary meeting – Respondent reached preliminary decision to terminate applicant’s employment – Whether applicant suspended – Applicant resigned – ARREARS OF WAGES – Applicant sought arrears of wages – Whether respondent failed to pay performance bonuses – General Manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant had advance notification of invoicing issues and opportunity to discuss. Applicant had full access to respondent’s accounts in order to prepare for disciplinary meeting. Applicant experienced problems with accounting system. Respondent provided professional support. Respondent did not perceive deficit in applicant’s financial management skills. No lack of adequate training. No breach of duty in respect of nature and volume of applicant’s work. Respondent entitled to carry out disciplinary process. No breach of duty that led to resignation. No constructive dismissal.;ARREARS OF WAGES: No evidence performance bonus not paid. Bonus payments discretionary. No arrears of wages. |
| 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;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136 ; [1985] 2 NZLR 372;Donaldson (t/a Law Courts Hotel) v Dickson [1994] 1 ERNZ 920;Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483;Wellington, Taranaki and Marlborough Clerical etc IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95 |
| Number of Pages | 20 |
| PDF File Link: | 2013_NZERA_Auckland_347.pdf [pdf 250 KB] |