| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 231 |
| Hearing date | 28 Jun 2017 - 29 Jun 2017 (2 days) |
| Determination date | 03 August 2017 |
| Member | E Robinson |
| Representation | M Tawhara ; R Mark |
| Location | Taipa Bay |
| Parties | McQuoid v MJ & CM Te Brake Ltd t/a Pak' n' Save Kaitaia |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – Checkout Supervisor |
| Abstract | AUTHORITY FOUND – UNJUSTIFIED DISMISSAL: Store manager was aware there was tension between applicant and another employee, although, she was not aware of any incidents described by applicant. Applicant had opportunity to make a complaint to the CEO on his walks around the store and she could have gone to see him in his office. Applicant did not bring bullying and harassment complaints to the notice of employer until 10 April 2016. Applicant raised issue of bullying as the reason for leaving employment on 15 April. No evidence to suggest applicant raised question of bullying to her superiors prior to 10 April. No evidence to support breach of duty on part of respondent in failing to respond or deal with issues of bullying and harassment. Respondent did not manage events with intention to cause applicant to resign. No breach of duty so serious to make it reasonably foreseeable that the applicant would resign. No constructive dismissal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s174 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial Local Authorities Officers Industrial Union of Workers (Inc) [1994] 2 NZLR 415 (CA) ; Auckland Shop Employees IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136 (CA) ; Stiffe v Wilson & Horton AC 94/100, 5th December 2000 ; Wellington Clerical Workers IUOW v Greenwich [1980] ACJ 257 (AC) ; Wellington Road Transport IOUW v Fletcher Construction Co Ltd (1983) ERNZ Sel Cas 59 (AC) |
| Number of Pages | 24 |
| PDF File Link: | 2017_NZERA_Auckland_231.pdf [pdf 228 KB] |