| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 147 |
| Hearing date | 3 Sep 2013 |
| Determination date | 20 November 2013 |
| Member | T MacKinnon |
| Representation | D Collins ; A Watt |
| Location | Wellington |
| Parties | Sidal v Aspire Inc |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably disadvantaged by requirement to take sick leave and unjustifiably dismissed by respondent - Applicant claimed verbally abused by respondent volunteer (‘X’) and wife (‘Y’) – Whether Y made threats about applicant to third parties – Applicant reported incidents to Police – Alleged further abuse and intimidation – Applicant raised concerns about safety with respondent – Respondent suggested applicant take sick leave – Whether applicant suspended - Alleged bullying – Applicant accused of wanting to take over general manager role – Applicant resigned – ARREARS OF WAGES – Applicant sought arrears of wages - Team leader |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant made no objection to suggestion of sick leave. No requirement applicant take leave. No suspension. No suggestion applicant given choice between resigning and being dismissed. Unreasonable to blame respondent for abuse from X and Y. Respondent took care not to implicate applicant in discussions about alcohol consumption with potential users. Applicant provided copy of report. Genuineness of applicant’s concerns about personal safety undermined. No evidence applicant experienced difficulties with X and Y following return to work. Discussion between parties not grounds for constructive dismissal. No evidence of bullying from respondent. Applicant experienced and knowledgeable in dealing with difficult people. Reasonable for respondent to expect applicant could deal with situation. Respondent did not take applicant’s fears lightly. Respondent took sufficient steps to ensure applicant’s safety. No unjustified disadvantage. No dismissal.;ARREARS OF WAGES: Applicant’s final pay correctly calculated and paid. No arrears of wages. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 |
| Cases Cited | IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 ; [1985] 2 NZLR 372 ; (1985) ERNZ Sel Cas 136;Weston v Advkit Para Legal Services Ltd [2010] NZEMPC 140 |
| Number of Pages | 16 |
| PDF File Link: | 2013_NZERA_Wellington_147.pdf [pdf 203 KB] |