| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 408 |
| Hearing date | 25 Sep 2014 |
| Determination date | 07 October 2014 |
| Member | J Crichton |
| Representation | K Fayen ; D Organ |
| Location | Auckland |
| Parties | Rocha v Wynyard Seafood Market Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant intimidated by respondent's chief executive (K") - Swearing - Whether applicant threatened by K during meeting - Retail manager" |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: No evidence applicant ever raised any issue about treatment by respondent or complained about stress. No requirement for respondent to be nice as opposed to treating applicant in accordance with requirements of honest and fair dealing. Applicant added material to bolster case and allegations answered by fact respondent undergoing significant change as consequence of continued unprofitability. Inter-personal difficulty inevitable given applicant's resistance to change. Applicant resigned employment during meeting after heated exchange when K asked applicant to stop swearing. K asked applicant twice during meeting to reconsider resignation. No indication given by applicant that resignation caused by respondent's behaviour. Nothing in K's behaviour constituted breach of duty sufficient to ground constructive dismissal claim. K not about to hit applicant during meeting. Applicant resigned because did not agree with some changes being made by respondent. No constructive dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Commissioner of Police v Hawkins [2009] 3 NZLR 381 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Auckland_408.pdf [pdf 175 KB] |