| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 273 |
| Hearing date | 18-May-17 |
| Determination date | 12 September 2017 |
| Member | Vicki Campbell |
| Representation | A Lee (in person) ; S Clews |
| Location | Auckland |
| Parties | Lee v GR & S Dyson Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s bullying and issuance final written warning – Applicant claimed unjustifiably dismissed by respondent – Supermarket Baker |
| Abstract | AUTHORITY FOUND –;RAISING PERSONAL GRIEVANCE: Applicant raised letter of complaint (“LOC”) to respondent. LOC did not specifically state that a personal grievance raised. LOC detailed concerns about bullying and how the concerns were to be addressed. LOC sufficiently raised employment relationship problems to respondent. Grievance raised within 90 days. UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: No sufficient evidence to establish applicant bullied. Respondent relied on written statements and failed to further investigate formal complaint concerning applicant. Respondent followed an unfair investigation process. Respondent’s escalation of allegations from misconduct to serious misconduct was not minor. Applicant given no opportunity to comment before final sanction. Applicant unjustifiably disadvantaged. Disadvantage from final written warning did not constitute a breach to repudiate employment relationship. No constructive dismissal. REMEDIES: No contributory conduct. $5,000 compensation appropriate. |
| Result | Applications granted (unjustified disadvantage)(raising grievance) ; Compensation for humiliation etc ($5,000) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s114(1);ERA s114(2);ERA s174E |
| Cases Cited | Auckland Electric Power Board v Auckland Provision 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 (CA);Commissioner of Police v Hawkins [2009] NZCA 209;Creedy v Commisioner of Police [2006] ERNZ 517 (EmpC);Gates v Air New Zealand Ltd (2009) 7 NZELR 41 (EmpC);Lewis v World Motor Services Ltd [1986] ICR 157 (CA);Idea Services Ltd (in stat man) v Barker [2012] NZEmpC 112;Newton v Dunn [2017] NZHC 2083;Premier Events Group Ltd v Beattie (No 3) [2012] NZEmpC 79;Ramkissoon v Commissioner of New Zealand Police [2013] NZEmpC 147;Weston v Advkit Para Legal Services Ltd [2010] NZEmpC 140 |
| Number of Pages | 24 |
| PDF File Link: | 2017_NZERA_Auckland_273.pdf [pdf 274 KB] |