| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 156 |
| Hearing date | 28 May 2015-29 May 2015 (2 days) |
| Determination date | 04 June 2015 |
| Member | TG Tetitaha |
| Representation | J Saywell (in person) ; D Whitehead |
| Location | Whangarei |
| Parties | Saywell v Bowers Farms Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent - BREACH OF CONTRACT – Applicant claimed respondent breached employment agreement (“EA”) by removing sick leave entitlements - Farm assistant manager |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Respondent did not remove applicant’s responsibilities by taking over management of milking shed, refusing to allow applicant to treat cow, not talking to applicant or inappropriately using herd home. Applicant not forced to continue working long hours during pregnancy. Applicant failed to raise issues of fatigue properly with respondent so that respondent could not reasonably foresee resignation. Applicant not involved in inappropriate duties during pregnancy. Respondent did not fail to fix applicant’s accommodation issues within reasonable time. Respondent did use inappropriate language towards applicant but parties continued to have close working relationship and applicant not promoted to save face. No dismissal.BREACH OF CONTRACT : No discussion of sick leave when EA signed so no agreement reached on sick leave. No breach of contract. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers Industrial Union of Workers (Inc) [1994] 2 NZLR 415 (CA);Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA;Commerer v Red Eagle Corporation Ltd EmpC Wellington WC29/00, 18 May 2000;Jeffries v Adis International Ltd EmpC Auckland AC69/06, 7 December 2006;Lewis v Motorworld Garages Ltd [1986] ICR 157 (CA) |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Auckland_156.pdf [pdf 226 KB] |