| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 3 |
| Hearing date | 9 Aug 2016 - 11 Aug 2016 (3 days) |
| Determination date | 31 January 2017 |
| Member | T MacKinnon |
| Representation | JA Burney ; R Harrison, E McWatt |
| Location | Masterton |
| Parties | Clayton and Ors v Board of Proprietors of Solway College |
| Other Parties | Minton, Hefferen |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicants claimed unjustifiably disadvantaged by respondent’s approach to complaints about Head Matron and by improper use of communication sheets – Third applicant additionally claimed target of unfair treatment by the respondent - First and third applicants claimed constructively dismissed by respondent - Boarding House Matrons |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Respondent reached reasonable conclusion on complaints. Respondent did not breach good faith in conducting investigation. Respondent did not breach good faith when informing applicants of restructure. Applicants did not suffer disadvantage from use of communication sheets. No unjustified disadvantage to first and second applicants. Third applicant unjustifiably disadvantaged by respondent’s letter that complaint had created serious employment relationship problem. REMEDIES - 20 per cent contributory conduct. $2,400 compensation appropriate for third applicant |
| Result | Application granted (unjustified disadvantage - third applicant) ; Contributory conduct (20%) ; Compensation ($2,400) ; Applications dismissed (unjustified disadvantage - first and third applicants)(unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A;ERA s123(1)(c)(i);ERA s174E;ERA s174D(2);ERA s174D(3) |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA) |
| Number of Pages | 29 |
| PDF File Link: | 2017_NZERA_Wellington_3.pdf [pdf 214 KB] |