| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 186 |
| Hearing date | 15 Apr 2014 - 16 Apr 2014, 9 May 2014 (3 days) |
| Determination date | 14 May 2014 |
| Member | A Fitzgibbon |
| Representation | N Mensah (in person) ; B Molloy |
| Location | Auckland |
| Parties | Mensah v Ward Demolition Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably disadvantaged by respondents failure to provide safe working environment and unjustifiably dismissed by respondent - Applicant claimed bullied and harassed in employment - Applicant claimed abused and hit by supervisor - Applicant hit, kicked and bit supervisor during fight - Applicant resigned during investigation into incident - Truck driver |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Applicant conflicted with other employees on number of occasions. Applicant became angry and aggressive when spoken to about work issues. Resignation not foreseeable. Applicant's action in resigning pre-empted a possible finding of misconduct which may have resulted in discipline. Relevant applicant did not raise grievance until aware of WINZ stand down period for unemployment benefit. Respondent fair and reasonable in dealing with applicant's concerns. Applicant not subject to ongoing harassment and bullying. No breach by respondent to provide applicant safe work environment. No unjustified disadvantage. No dismissal. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s124 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Mensah v Ward Demolition Ltd [2013] NZERA Auckland 580;The Salad Bowl Ltd v Howe-Thornley [2013] NZEmpC 152 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Auckland_186.pdf [pdf 193 KB] |