| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 102 |
| Hearing date | 27 Apr 2017 - 28 Apr 2017 (2 days) |
| Determination date | 27 June 2017 |
| Member | D Appleton |
| Representation | MJ Thomas ; A Russell |
| Location | Invercargill |
| Parties | Jones v Downer New Zealand Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably disadvantaged by respondents actions - Applicant claimed unjustifiably dismissed by respondent |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Respondent failed to attempt to rearrange meeting which applicant could not attend. Manager’s “bullshit” comment not fair and reasonable. Suspension justified as applicant made threats but respondent failed to specify reasons for suspension, its duration and conditions for return. Applicant unjustifiably disadvantaged. These actions not sufficiently serious to make applicant’s resignation reasonably foreseeable. No dismissal. REMEDIES: Six per cent contributory conduct. $14,000 compensation appropriate. |
| Result | Application granted (unjustified disadvantage) ; Contributory conduct (6%) ; Compensation for humiliation etc ($14,000) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA 103(1)(b) ; ERA s103A ; ERA s124 |
| 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, [1985] ACJ 963 (CA);Graham v Airways Corporation of New Zealand Ltd [2005] ERNZ 587 (EmpC) |
| Number of Pages | 27 |
| PDF File Link: | 2017_NZERA_Christchurch_102.pdf [pdf 266 KB] |