| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 69 |
| Hearing date | 14 Apr 2015 |
| Determination date | 22 July 2015 |
| Member | Trish MacKinnon |
| Representation | P Barrett, M Brown ; C Heaton |
| Location | Wellington |
| Parties | Jones v Board of Trustees for Kimi Ora School |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Safe workplace - PENALTY – GOOD FAITH – Applicant sought penalty for respondent’s breach of good faith - Deputy principal |
| Abstract | AUTHORITY FOUNDUNJUSTIFIED DISMISSAL: Respondent did not fail to investigate applicant’s claims as claims raised shortly before mediation and respondent did not have time to investigate prior to mediation. Respondent treated applicant disparately in subjecting applicant to disciplinary investigation at first instance for accessing private emails, while other staff members who had written offensive comments about applicant in emails subject to less serious action. Respondent did not act fairly and properly and failed to comply with contractual good employer obligation. Applicant failed to raise complaints about offensive emails in timely manner, which breached obligation to be responsive and communicative. Respondent did not fail to provide safe workplace. Applicant made decision to resign before respondent’s alleged failures. Respondent’s breach of contractual good employer obligation irrelevant as occurred after applicant made decision to resign. Breach only formalised applicant’s decision to resign. No dismissal.PENALTY – GOOD FAITH: No breach of duty by respondent. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | State Sector Act 1988;State Sector Act 1988 Part 7A;State Sector Act 1988 s77A;Privacy Act 1993 |
| 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) |
| Number of Pages | 16 |
| PDF File Link: | 2015_NZERA_Wellington_69.pdf [pdf 197 KB] |