| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 6 |
| Hearing date | 6 Nov 2014 |
| Determination date | 27 January 2015 |
| Member | Christine Hickey |
| Representation | P de Wattignar ; R Brazil |
| Location | Oamaru |
| Parties | Swaine v Waitaki Resource Recovery Trust |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Warning - Restructuring process - Whether process unfair and biased - Applicant claimed bullied by manager - Applicant claimed actions of manager caused resignation including attempt to discuss breach of confidentiality by applicant - Respondent's use of security camera - Shop manager |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Applicant not made aware of warning prior to being issued. Warning breach of good faith in circumstances but applicant continued to work for respondent following warning and resignation not reasonably foreseeable. Actions of manager did not breach respondent's duty of good faith towards applicant or breach applicant's rights in any other way. Preferably respondent would have notified staff of concerns about unauthorised computer use and installation of camera but failure did not amount to breach of good faith so significant as to go to root of trust and confidence in employment relationship. Restructuring process not biased or unfair. Applicant resigned during redundancy process. No constructive dismissal. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Hayden v Wellington Free Ambulance Service [2002] 1 ERNZ 399 (EmpC);Lewis v Motorworld Garages Ltd [1986] ICR 157;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 (AC);Weston v Advkit Para Legal Services Ltd [2010] NZEmpC 140 |
| Number of Pages | 17 |
| PDF File Link: | 2015_NZERA_Christchurch_6.pdf [pdf 263 KB] |