| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 191 |
| Hearing date | 21 and 22 June 2016 (2 days) |
| Determination date | 25 October 2016 |
| Member | C Hickey |
| Representation | C Clifford ; G Ballara |
| Location | Timaru |
| Parties | Arras v Spotless Facility Services (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - Alleged bullying and intimidation by manager and supervisor |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Applicant did resign from former role despite still being employed by respondent at a different location. Applicant did not know about disciplinary meetings in advance and not given reasonable opportunity to respond to concerns. Supervisor’s expression of anger highly inappropriate. Manger and supervisor’s behaviour towards applicant was unreasonable and repeated. Behaviour met definition of bullying. Behaviour seriously damaged trust and confidence necessary for applicant to return to work. Applicant clarified no abandonment. Cumulative effect of unjustifiable actions destroyed relationship of trust and confidence. Resignation foreseeable. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant reimbursement for lost wages, quantum to be determined. $10,000 compensation appropriate. |
| Result | Application granted ; Remuneration for lost wages (Quantum to be determined) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s128 |
| 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);Commissioner of Police v Hawkins [2009] NZCA 209, [2009] 3 NZLR 381;Lewis v Motorworld Garages Ltd [1986] ICR 157 (CA);Premier Events Group Ltd v Beattie (No 3) [2012] NZEmpC 79, [2012] ERNZ 257;Ramkissoon v Commissioner of New Zealand Police [2013] NZEmpC 147;Review Publishing Co Ltd v Walker [1996] 2 ERNZ 407 (EmpC);Wellington, Taranaki and Marlborough Clerical Etc IUOW v Greenwich (T/A Greenwich and Associates Employment Agency and Complete Fitness Centre) [1983] ACJ 965;Weston v Advkit Para Legal Services Ltd [2010] NZEmpC 140, (2011) 8 NZELR 604 |
| Number of Pages | 20 |
| PDF File Link: | 2016_NZERA_Christchurch_191.pdf [pdf 240 KB] |