| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 107 |
| Hearing date | 16-Nov-15 |
| Determination date | 07 April 2016 |
| Member | Vicki Campbell |
| Representation | T Marsh (in person) ; R Upton |
| Location | Auckland |
| Parties | Marsh v Smail & Compant Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s actions – Applicant claimed constructively dismissed by respondent – Technical support |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Respondent did not fabricate abusive emails. Respondent raised genuine performance concerns. No bullying and intimidation. Applicant had no flexibility in hours of work. Respondent acted as fair and reasonable employer in all circumstances. No unjustified disadvantage. Respondent did not coerce applicant into resignation. No breach of any duties owed. No constructive dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s103A(5);ERA s174E |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] NZEmpC 160, [2011] ERNZ 466;Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers Industrial Union Of Workers (Inc) [1994] 2 NZLR 415 (CA), [1994] 1 ERNZ 168;Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);Wellington, Taranaki and Marlborough Clerical IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) [1983] ACJ 965 (AC) |
| Number of Pages | 19 |
| PDF File Link: | 2016_NZERA_Auckland_107.pdf [pdf 296 KB] |