| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 354 |
| Hearing date | 06-Nov-15 |
| Determination date | 12 November 2015 |
| Member | James Crichton |
| Representation | FM Ahmed (in person) ; D Bishop |
| Location | Auckland |
| Parties | Ahmed v Connect Supporting Recovery Inc |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably disadvantaged by respondent’s failure to address claims that applicant bullied by colleagues - Applicant claimed unjustifiably dismissed by respondent - Applicant dismissed after colleagues complained of bullying and concerns over applicant’s fitness for work emerged - Peer support worker |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Applicant provided no evidence that bullying complaints were made. Applicant’s complaints suggested mere misunderstandings. Respondent’s various attempts to engage with applicant suggested respondent would have investigated complaints had it been aware of them. No unjustified disadvantage. Respondent made considerable efforts to engage with applicant over complaints made about him and establish their veracity. Respondent acted fairly and reasonably when concluding applicant’s perception of reality was so different from colleagues that respondent no longer had trust and confidence in applicant. Respondent adopted patient and measured process when dealing with applicant and provided paid leave and access to psychiatrist. Dismissal justified. |
| Result | Application dismissed; No order as to costs |
| Main Category | Personal Grievance |
| Statutes | ERA s 130 |
| Number of Pages | 11 |
| PDF File Link: | 2015_NZERA_Auckland_354.pdf [pdf 165 KB] |