| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 130 |
| Hearing date | 28-Aug-17 |
| Determination date | 13 December 2017 |
| Member | V Campbell |
| Representation | J Murphy ; G Mason |
| Location | Wellington |
| Parties | Stevens v Alison Green Lawyer Ltd and Anor |
| Other Parties | Green |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – COUNTERCLAIM – PENALTY – GOOD FAITH – Respondent sought penalty for applicant’s breach of good faith – Support Legal Executive |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Issuance of a verbal warning was action an employer acting fairly and reasonably could do in all the circumstances. Second respondent had genuine concerns about applicants’ mistakes on client files. Second respondent entitled to raise concerns and to have them addressed in accordance with terms of employment agreement. Not satisfied that respondent followed course of conduct with deliberate purpose of coercing applicant to resign. No constructive dismissal. Dismissal justified. COUNTERCLAIM – PENALTY – GOOD FAITH: No correspondence to support the claim that respondent wanted applicant to work out her notice period. Respondent accepted applicant’s resignation and paid out her final pay. No duty on employee to advise employer that they have accepted alternative employment. Respondent could not establish any breach of good faith by applicant. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103AERA s174E |
| Cases Cited | Auckland Shop Employees Union v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);Trotter v Telecom Corporation of New Zealand Ltd [1993] 2 ERNZ 659 (EmpC);Wellington, Taranaki and Marlborough Clerical IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95 (AC) |
| Number of Pages | 16 |
| PDF File Link: | 2017_NZERA_Wellington_130.pdf [pdf 197 KB] |