| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 11 |
| Hearing date | 29 Jan 2015 |
| Determination date | 30 January 2015 |
| Member | M B Loftus |
| Representation | G Burness ; P Swarbrick |
| Location | Christchurch |
| Parties | Foster v Two Degrees Mobile Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably disadvantaged by two warnings and unjustifiably dismissed by respondent - Warnings for removing beer from workplace and disseminating confidential information about coworker - Applicant claimed bullied by manager and forced to take annual leave during notice period - Non-payment of bonus |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Allegations of bullying untenable. No specific details or examples of bullying provided. Applicant did not raise any concerns with respondent in order for respondent to address. Applicant accepted claim he was forced to take annual leave was inaccurate. Claim regarding non-payment of bonus also lacked merit. Applicant unable to pursue disadvantage grievance in relation to first warning as raised outside 90 days. Second warning justified. No unjustified disadvantage. No constructive dismissal. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103(1)(b);ERA s114;ERA s114(3) |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);Z v A [1993] 2 ERNZ 469 (NZEmpC) |
| Number of Pages | 8 |
| PDF File Link: | 2015_NZERA_Christchurch_11.pdf [pdf 162 KB] |