| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 194/04 |
| Hearing date | 28 Apr 2004 |
| Determination date | 04 June 2004 |
| Member | V Campbell |
| Representation | P Wright ; G Norton |
| Location | Auckland |
| Parties | Briggs v New Zealand Gem Trading Company Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - New manager brusque and direct - Poor relationship with applicant - Alleged bullying" behaviour by manager - Applicant left workplace after confrontation with manager and failed to return - Words "might as well pack your bags and go" not choice between resigning and being dismissed - No evidence applicant actually resigned - Insufficient evidence of "bullying" behaviours - No course of conduct by manager with deliberate and dominant purpose of coercing applicant to resign - No breach of duty by respondent causing applicant to resign - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - No unjustified disadvantage due to manager's actions - PENALTY - Penalty sought for failure to provide written employment agreement - Failure admitted - Penalty awarded - Office worker" |
| Result | Application dismissed (Unjustified dismissal and unjustified disadvantage) ; Application granted (Penalty for failure to provide written employment agreement) ; Penalty ($1,000)(Payable to Crown) |
| Statutes | ERA s64(2);ERA s65 |
| Cases Cited | Auckland & Gisborne Amalgamated Society of Shop Employees and Related Trades etc IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372;Compass Union of New Zealand Inc v Carlton & United Breweries (NZ) Pty Ltd [1992] 1 ERNZ 1;Kelly v List unreported, K Raureti, 5 December 2003, AA 371/03;Postlethwaite v Gas Company Ltd unreported, H Doyle, 30 July 2003, CA 84/03;Simms v Santos Mount Eden unreported, J Wilson, 21 August 2003, AA 254/03 |
| Number of Pages | 12 |
| PDF File Link: | aa 194_04.pdf [pdf 59 KB] |