| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 24 |
| Hearing date | 7-Dec-16 |
| Determination date | 27 January 2017 |
| Member | V Campbell |
| Representation | E Hartdegen ; R Parmenter |
| Location | Auckland |
| Parties | Voo v ACG Yoobee School of Design Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably disadvantaged by bullying, victimisation and disparity of treatment - Applicant claimed unjustifiably dismissed by respondent - PENALTY - GOOD FAITH - Applicant sought penalty for respondent’s breach of good faith for failing to address personal grievance claims - Graphic Design Tutor |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Respondent not involved in complaint leading to industry advisory group assessment. Request to take student’s work down isolated incident. Claim that applicant’s teaching hours increased not credible. Applicant had access to course materials. Not unreasonable to require applicant to undertake share of marking for class. Applicant overreacted to light-hearted comment. Offer of part time hours genuine attempt to accommodate applicant’s needs. Respondent provided adequate explanation for disparity of treatment. No unjustified disadvantage. Applicant resigned while on sick leave believing he had no option. Respondent entitled to raise concerns about applicant’s working hours and set expectations. Respondent did not engage in dismissive or repudiatory conduct reasonably sufficient to justify termination of employment. Applicant genuinely resigned. No dismissal.;PENALTY - GOOD FAITH - Respondent did take applicant’s claims seriously and attended mediation. Fact that no resolution reached did not mean respondent breached good faith. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A ; ERA s114 |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);Chief Executive of the Department of Inland Revenue v Buchanan [2005] ERNZ 767 (CA);Premier Events Group Ltd v Beattie (No 3) [2012] NZEmpC 79, [2012] ERNZ 257;Wellington, Taranaki and Marlborough Clerical IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95 (AC) |
| Number of Pages | 22 |
| PDF File Link: | 2017_NZERA_Auckland_24.pdf [pdf 353 KB] |