| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 382 |
| Hearing date | 14 May 2013 |
| Determination date | 28 August 2013 |
| Member | K J Anderson |
| Representation | R Te Ao ; S Leftley |
| Location | Auckland |
| Parties | Rota-Tawha v Radius Residential Care Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Background of items going missing – Allegation from co-worker applicant in possession of respondent’s chairs, pots and pans – Co-worker made allegation on condition identity not to be revealed – Applicant visited by Police at home – Healthcare assistant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent acted on very nebulous allegations from possibly unreliable informant who was presumably not prepared to make any real commitment to give tangible evidence. Obligation on respondent to conduct investigation to confirm specific items missing before taking matter further. Not appropriate to involve Police when tangible evidence relating to items in question and possible misconduct by applicant totally absent. Allegations proven unfounded. Applicant’s resignation caused by respondent’s breach of duty. Reasonably foreseeable Police visit to applicant’s home would have substantial effect on applicant and make resignation distinct possibility. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $5,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124;ERA s128(2);ERA s128(2) |
| 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 | 9 |
| PDF File Link: | 2013_NZERA_Auckland_382.pdf [pdf 184 KB] |