| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 137 |
| Hearing date | 17 & 18 Aug 2016 (2 days) |
| Determination date | 18 November 2016 |
| Member | T MacKinnon |
| Representation | S Dodunski ; P Robertson |
| Location | New Plymouth |
| Parties | Shaw v New Plymouth Club Inc. |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Chef |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Applicant did not properly raise allegations of bullying with respondent. Respondent could not commence investigation into claims without more detail. Respondent did not fail to investigate applicant’s claims. Respondent did not follow course of conduct designed to coerce applicant to resign. Respondent did not breach duties in such way that resignation reasonably foreseeable. No dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s114(1) |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA) ; Waikato District Health Board v Clear [2010] NZCA 305 |
| Number of Pages | 18 |
| PDF File Link: | 2016_NZERA_Wellington_137.pdf [pdf 265 KB] |