| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 160 |
| Hearing date | 30 Apr 2013 |
| Determination date | 08 August 2013 |
| Member | M B Loftus |
| Representation | S Lewis ; A Mapu |
| Location | Christchurch |
| Parties | O'Brien v Dick Smith Electronics NZ Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by warning for misuse of staff purchase discount and unjustifiably dismissed by respondent – Applicant transferred to new store due to earthquake related repairs – Whether applicant’s hours reduced – Applicant’s travel distance increased – Applicant’s father sought to purchase camera – Applicant passed sale to co-worker – Applicant sought to use staff discount card – Assistant store manager demanded staff discount be removed – Applicant purchased camera and was refunded money by father – Applicant given written warning |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Resignation wholly attributable to warning for misuse of staff purchase discount. Other incidents did not support constructive dismissal. Applicant intended that applicant’s father would purchase camera. Policy clearly stated benefits of discount for card holder only. Applicant attempted to circumvent manager’s instruction. Investigation and warning not repudiatory conduct. No unjustified disadvantage. No constructive dismissal. |
| Result | Applications dismissed ; Costs reserved |
| 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 Marlborough Clerical etc IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel 95;Z v A [1993] 2 ERNZ 469 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Christchurch_160.pdf [pdf 175 KB] |