| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 171/03 |
| Hearing date | 1 May 2003 |
| Determination date | 09 June 2003 |
| Member | J Scott |
| Representation | K Nicolson ; R Hargreaves |
| Location | Auckland |
| Parties | Nicol-Jones v Loaded Hog Auckland Ltd Bar & Brewery |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged bullied by supervisor - Supervisor disciplined for swearing at applicant after applicant made complaint to manager - Further bullying informally reported to manager - Declined offer by manager to have a word to supervisor - Genuine response by management to applicant's concerns - Resigned after assigned rubbish duties by supervisor - Rubbish duties part of employment agreement - No repudiation of employment agreement - Waitress |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] ERNZ 168 ; [1994] 2 NZLR 415;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 ; [1985] 2 NZLR 372;Mt Rex Shipping Ltd v Carr unreported, Travis J, 5 December 2001, AC 78/01;NZ Woollen Workers IUOW v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438;Roberts v Japan Auto (NZ) Ltd [2003] 1 ERNZ 439;Wellington etc Clerical Workers' Union v Greenwich [1983] ACJ 965;Western Excavating Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 8 |
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