| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 164 |
| Hearing date | 9 Mar 2015 |
| Determination date | 10 June 2015 |
| Member | J Crichton |
| Representation | H White ; P Kotze |
| Location | Auckland |
| Parties | F v G |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Constructive Dismissal - Applicant claimed unjustifiably disadvantaged by hostile working environment and unjustifiably dismissed by respondent – Whistle blower - COUNTERCLAIM–PENALTY-GOOD FAITH – Respondent sought penalty for applicant’s breach of employment agreement (“EA”) and good faith – Whether applicant asked to lie to auditors - Whether applicant incited others to breach EAs – Non-publication order |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Applicant caused hostile workplace and breach of EA through his own actions. Applicant completely mismanaged employment relationship problem. No evidence of any unjustified actions taken by respondent. No unjustified disadvantage. Respondent continued to pay applicant while on garden leave. Applicant withdrew himself from workplace. No dismissal.COUNTERCLAIM–PENALTY-GOOD FAITH: Applicant misinterpreted respondent’s comments regarding audit. Respondent did not ask applicant to lie to auditors. Applicant’s behaviour covered by Protected Disclosures Act 2000 since applicant acted in good faith and believed allegations were true, although disclosures false. Applicant failed to take proper steps to raise concerns with respondent’s management and instead wrote general letter to staff. Applicant incited other staff to breach EAs and speak out. Applicant incited breaches of EAs of other staff by threatening industrial action, causing stress and anxiety, and contributing to respondent’s financial difficulties so that respondent struggled to pay wages. Applicant’s actions also constituted breach of good faith and applicant’s own EA. Respondent did not quantify penalty sought. No penalty. |
| Result | Application granted (counterclaim) ; Applications dismissed (unjustified disadvantage – unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Protected Disclosures Act 2000 |
| Number of Pages | 13 |
| PDF File Link: | 2015_NZERA_Auckland_164.pdf [pdf 240 KB] |