| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 282/03 |
| Hearing date | 21 Feb 2003 - 19 Mar 2003 (3 days) |
| Determination date | 16 September 2003 |
| Member | Y S Oldfield |
| Representation | L Robinson ; S Hachache |
| Location | Auckland |
| Parties | Voisey v Age Concern Counties/Manukau Inc |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Shortcomings in organisation - Review of operations by consultant who later became executive officer - Identified problems with way applicant carried out role - Numerous issues arose between applicant and executive officer - Alleged bullying and harassment - Although asked for input as part of review applicant did not participate - Arranged for meeting with applicant and board for applicant to discuss her concerns - Applicant's reaction was mediated by personal circumstances - Not coerced to resign - Reasonable steps commenced to address applicant's concerns - Applicant chose not to take up opportunity - Applicant extraordinarily sensitive person - Though executive officer's manner at times brusque, insensitive and rude, did not destroy relationship of trust and confidence - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - Conduct alleged to cause resignation did not amount to disadvantage - Did not take opportunity to address concerns - Rude communication by executive officer not enough to amount to disadvantage - Co-ordinator |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Business Distributors Ltd v Patel [2001] ERNZ 124 |
| Number of Pages | 12 |
| PDF File Link: | aa 282_03.pdf [pdf 68 KB] |