| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 21 |
| Hearing date | 30 Jan 2014 |
| Determination date | 03 March 2014 |
| Member | G J Wood |
| Representation | B Paradza v S Davies |
| Location | Wellington |
| Parties | Alba v Pegsus Station Ltd t/a Mobil Karori |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant harassed and bullied by manager - Raised voice - Comments on performance - Whether respondent failed to investigate applicant's complaints - Leave without authority - COUNTERCLAIM - RECOVERY OF MONIES - Respondent sought recovery of additional wages inadvertently paid to applicant - Retail store manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant genuinely felt harassed and bullied but viewed objectively actions not sufficiently serious to constitute breach of duty. By time of resignation behaviour not repeated for several months as respondent had taken sufficient steps to minimise contact. Reason for resignation involved potential disciplinary action regarding unauthorised leave. Although some delay in investigation, delay did not constitute breach. No dismissal.;COUNTERCLAIM - RECOVERY OF MONIES: Applicant unaware of overpayment. Applicant spent money in good faith and would be inequitable for applicant to repay money, especially due to applicant's personal and financial circumstances. no recovery of monies. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s122 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers Industrial Union Of Workers (Inc) [1994] 1 ERNZ 168;Foai v Air New Zealand Ltd [2012] NZEmpC 57;New Zealand Woollen Workers IUOW v Distinctive Knitwear New Zealand Ltd (1990) ERNZ Sel Cas 791; [1990] 2 NZILR 438;Wellington Clerical IUW v Greenwich (1983) ERNZ Sel Cas 95 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Wellington_21.pdf [pdf 198 KB] |