| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 233/03 |
| Hearing date | 5 May 2003 |
| Determination date | 30 July 2003 |
| Member | M Urlich |
| Representation | B Roberts (In person) ; T Taylor |
| Location | Auckland |
| Parties | Roberts v Board of Oversight of the College of St John the Evangelist |
| Summary | UNJUSTIFIED DISADVANTAGE - Claims for damages and compensation - Claims to be characterised as personal grievances - Alleged intimidation and harassment by superiors - Concern raised regarding senior employee's behaviour - Spoke in inappropriate manner to applicant - No inquiry conducted - Breach of obligation to treat applicant fairly - Unjustified disadvantage - Advised of plans to downsize - Failure to provide fair consultation processes - Unjustified disadvantage - Breach of confidentiality - Confided in co-worker - Co-worker had duty to employer to advise of confidence - No unjustified disadvantage - Further claims of unjustified disadvantage failed on grounds of lack of evidence and failure to submit within 90 days - UNJUSTIFIED DISMISSAL - Constructive dismissal - Entered into negotiations concerning exit package after position downsized - Reasons for resignation set out in resignation letter - Final settlement offer unacceptable - Failure of settlement discussions did not amount to breach of contract - No constructive dismissal - Personal assistant |
| Result | Application granted (Unjustified disadvantage) ; Application dismissed (Unjustified dismissal) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Statutes | ERA s103(1)(b);ERA s162 |
| Cases Cited | New Zealand Fasteners Stainless Ltd v Thwaites [2000] 1 ERNZ 739; [2000] 2 NZLR 565 |
| Number of Pages | 15 |
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