| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 101 |
| Hearing date | 6-Apr-17 |
| Determination date | 07 April 2017 |
| Member | T Tetitaha |
| Representation | S Punshon ; P Harvey |
| Location | Kaitaia |
| Parties | Cross v New Zealand Watermelon Distributors Ltd |
| Summary | UNJUSTIFIED DISMISSAL – CONSTRUCTIVE DISMISSAL – Applicant claimed unjustifiably dismissed by respondent’s failure to maintain a safe workplace free from bullying – Casual Labourer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent attempted to resolve dispute between applicant and alleged bully. Respondent had issued final warning to alleged bully. Potential solutions cut short by applicant’s premature resignation. Respondent could not have done anything further. Respondent did not breach duty. No dismissal. |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Shop Employees Union v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);Commissioner of Police v Hawkins [2007] ERNZ 762 (EmpC);New Zealand Institute of Fashion Technology v Aitken [2004] 2 ERNZ 340 (EmpC) |
| Number of Pages | 5 |
| PDF File Link: | 2017_NZERA_Auckland_101.pdf [pdf 41 KB] |