| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 3 |
| Hearing date | 11 Nov 2014 - 12 Nov 2014 (2 days) |
| Determination date | 07 January 2015 |
| Member | E Robinson |
| Representation | W Reid ; A Bean |
| Location | Tauranga |
| Parties | Metcalfe v Gane t/a Barclay Engravers |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably disadvantaged by non provision of sick pay and unjustifiably dismissed by respondent - Workplace stress - Whether respondent failed to provide safe working environment - Implementation of new cash accounting system put on applicant and applicant claimed hostile working environment as a result - Alleged bullying and intimidation - Concerns over working relationship between directors of respondent - 90 day trial period - Office and sales administrator |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Applicant not employed for six months. Applicant not entitled to payment for sick leave. No unjustified disadvantage. Directors' relationship not always harmonious. One director often raised voice and used strong language. No evidence of any steps taken by respondent in regards to bullying and intimidation concerns. Respondent aware new processes might cause some friction but did not manage new system from managerial perspective. Actions of respondent contributed to applicant's stress. Respondent breached duty to provide safe working environment. Reasonable foreseeable applicant would resign. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $10,000 compensation appropriate. |
| Result | Application granted (unjustified dismissal); Reimbursement of lost wages (quantum to be determined); Compensation for humiliation etc ($10,000); Application dismissed (unjustified disadvantage); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103(1)(b);ERA s124;ERA s128(3);ERA s174 |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136 ; [1985] 2 NZLR 372;Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Wellington, Taranaki and Marlborough Clerical etc IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95 |
| Number of Pages | 15 |
| PDF File Link: | 2015_NZERA_Auckland_3.pdf [pdf 210 KB] |