| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 108 |
| Hearing date | 23-Jun-16 |
| Determination date | 12 July 2016 |
| Member | James Crichton |
| Representation | E Tosh ; S Eden |
| Location | Dunedin |
| Parties | Tosh v Bupa Care Servies (NZ) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably disadvantaged by respondent’s actions - Applicant claimed unjustifiably dismissed by respondent |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Respondent justified in conducting investigation before instigating disciplinary process. Respondent justified in adopting formal disciplinary process. Applicant given ample opportunity to respond to allegations. Inquiry not bias merely because conducted by employer’s representatives. No evidence of bias or lack of independence. No unjustified disadvantage. Applicant resigned before issue over disciplinary process could be resolved. Respondent offered applicant opportunity to rethink positon and withdraw resignation. Applicant’s resignation premature and not foreseeable. No dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s174B |
| Number of Pages | 11 |
| PDF File Link: | 2016_NZERA_Christchurch_108.pdf [pdf 182 KB] |