| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 163 |
| Hearing date | 17-Nov-14 - 18-Nov-15 ; 21-May-15 - 22-May-15 (4 days) |
| Determination date | 06 November 2015 |
| Member | Christine Hickey |
| Representation | P Moore ; P Shaw |
| Location | Christchurch |
| Parties | Beckingsale v Canterbury District Health Board |
| Summary | UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant suffered bullied and intimidated by team leader - Whether applicant’s complaints adequately dealt with by respondent - Social worker |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Applicant made formal complaint per respondent’s internal policy. Respondent unfairly evoked allegations against applicant which had not been investigated. Applicant’s concerns met internal policy’s definition of bullying. Respondent did not investigate concerns in manner outlined by internal policy. Applicant failed to provide safe working environment by not addressing the cause of applicant’s work related stress. Respondent failed to recognise its attempts to resolve problems were unsuccessful. Respondent cumulatively eroded trust and confidence. Last two personal encounters between applicant and team leader ‘final straw’ resulting in resignation. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: Respondent to pay applicant $3,991 reimbursement of lost wages and $319 reimbursement of lost holiday pay. Compensation for loss of KiwiSaver benefit appropriate, quantum to be determined. $10,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($3,991) ; Reimbursement of lost holiday pay ($319.28) ; Compensation for loss of benefit (KiwiSaver)(Quantum to be determined) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s128(2) - ERA s128(3) |
| Cases Cited | Attorney-General v Gilbert [2002] 1 ERNZ 31 (CA);Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);Commissioner of Police v Hawkins [2009] NZCA 209, [2009] 3 NZLR 381;Garner v Grange Furnishing Ltd [1977] IRLR 206 (EAT);Hall v Dionex Pty Ltd [2015] NZEmpC 29;Harrod v DMG World Media [2002] 2 ERNZ 410 (EmpC);Nilson-Reid v Attorney-General [2005] ERNZ 951 (EmpC);Omilaju v Waltham Forest LBC (No.2) [2005] 1 All ER (UK CA);Pivott v Southern Adult Literacy Centre [2013] NZEmpC 236, [2013] ERNZ 377;Lewis v World Motor Services Ltd [1986] ICR 157 (CA);Ramkissoon v Commissioner of New Zealand Police [2013] NZEmpC 147;Review Publishing Co Ltd v Walker [1996] 2 ERNZ 407 (EmpC);Triggs v GAB Robins (UK) Ltd [2007] 3 ALL ER 590 (EAT);Wellington, Taranaki and Marlborough Clerical 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 | 38 |
| PDF File Link: | 2015_NZERA_Christchurch_163.pdf [pdf 395 KB] |