| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2018] NZERA Auckland 77 |
| Hearing date | 21-Nov-17 |
| Determination date | 02 March 2018 |
| Member | V Campbell |
| Representation | F Fredericks (in person) ; A Sharp |
| Location | Auckland |
| Parties | Fredericks v Madison Qualitex Laundry Services Ltd and Anor |
| Other Parties | Wood |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Respondent’s inconsiderate conduct caused some unhappiness but did not justify termination of employment relationship – Applicant resigned to pursue full time study UNJUSTIFIED DISADVANTAGE – Discrimination – Applicant claimed unjustifiably disadvantaged by respondent’s various actions – Respondent declining applicant’s request for wage increase and change in hours to study was not unreasonable – Incidents of alleged bullying adequately explained by respondent – Applicant’s perception of respondent coloured by rejection of request for wage increase – No bullying conduct – Lack of role clarity did not disadvantage applicant – Respondent did not cause applicant to become unwell – Respondent did not discriminate against applicant as woman or migrant – No unjustified disadvantage GOOD FAITH – Applicant claimed respondent breached good faith by failing to be responsive and communicative – Applicant failed to respond to request for information – No breach of good faith PENALTY – Applicant claimed penalty for respondent’s breach of employment agreement – Applicant consented to various changes in duties albeit not in writing but breach was not significant – Applicant’s claim regarding failure to provide job description not brought within time and not serious to warrant penalty – No penalty |
| Main Category | Personal Grievance |
| Number of Pages | 25 |
| PDF File Link: | 2018_NZERA_Auckland_77.pdf [pdf 101 KB] |