| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 24 |
| Determination date | 23 January 2014 |
| Member | J Crichton |
| Representation | D Organ ; R Parmenter |
| Parties | Capper v Broadlands Finance Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by bullying and excessive workload – Applicant claimed unjustifiably dismissed by respondent – Concerns about applicant’s performance after respondent failed to meet statutory obligations under Trust Deed for filing of accounts – Support and guidance programme – Whether physical and verbal abuse of applicant – Whether applicant struck on head with pen – Whether applicant mocked – Swearing – Applicant worked seven days a week – Whether applicant treated fairly while on sick leave – Resignation while on sick leave – Chief Financial Officer / General Manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Respondent not put on notice of bullying allegations until after applicant’s resignation. Applicant not bullied but subjected to fair and reasonable attempts to improve applicant’s performance. Respondent not told of hours worked by applicant and respondent not aware applicant failed to take scheduled annual leave. Respondent offered applicant additional assistance to complete tasks. Applicant responsible as General Manager for ensuring took proper breaks and leave. Respondent could not reasonably have been aware of hours worked by applicant. No unjustified disadvantage. Respondent had discretion not to pay applicant annual leave after applicant’s paid sick leave expired. Applicant failed to provide respondent with adequate detail of ill health and prognosis and not treated unfairly while on sick leave. Difficult not to conclude applicant’s resignation caused by failure to secure managed exit from respondent and successful application for new position. Apart from respondent’s failure to willingly attend mediation no breach of duty by respondent. No breach of duty of good faith. No constructive dismissal. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | McGowan v Nutype Accessories Ltd [2003] 1 ERNZ 120;Nelson v Air New Zealand International Ltd unreported, M Urlich, 22 March 2006, AA81/06 |
| Number of Pages | 23 |
| PDF File Link: | 2014_NZERA_Auckland_24.pdf [pdf 238 KB] |