| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 164/03 |
| Hearing date | 14 Apr 2003 - 16 Apr 2003 (3 days) |
| Determination date | 05 June 2003 |
| Member | R A Monaghan |
| Representation | P Pa'u ; A Sherriff |
| Location | Auckland |
| Parties | Poi v Department for Courts (High Court Auckland) |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Meetings initiated to address problem areas for applicant - View to promotion - Meetings developed into discussions of broader performance concerns - Deterioration in relationship between manager and applicant - Applicant alleged victimisation and harassment - Insubordination in relation to manager's requests - Steps taken to resolve performance concerns were unsuccessful - Resigned after investigation process commenced regarding complaint from member of public - Entitled to conduct disciplinary investigation - Failure to promote did not amount to unfair treatment - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - Raising of personal grievance - Unjustified disadvantage grievance impliedly included in submission of unjustified dismissal - Alleged victimisation - No actions amounting to unjustified disadvantage |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s114 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415 |
| Number of Pages | 12 |
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