| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 122/04 |
| Hearing date | 23 Jul 2004 |
| Determination date | 13 October 2004 |
| Member | H Doyle |
| Representation | J Verry ; B Dorking |
| Location | Christchurch |
| Parties | Evans v Wickliffe Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Tension in workplace - Complaints from co-workers about applicant causing bad atmosphere - Series of meetings to discuss issues - Applicant resigned - Open to respondent to deal with complaints formally - Acted reasonably in attempting to address wider issues that caused tension in workplace - Applicant felt singled out when informed of allegations about her - Respondent had duty to take complaints seriously - Entitled to raise matter with applicant - Minor procedural deficiencies - More likely than not that significant reason for resignation and stress was co-workers allegations - No breach of duty by respondent serious enough to mean constructive dismissal - No unjustified dismissal - UNJUSTIFIED DISADVANTAGE - Even if found respondent 's conduct unjustified in terms of procedural deficiencies not satisfied was corresponding loss or detriment to applicant capable of supporting disadvantage claim - No unjustified disadvantage - Customer services representative |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;Western Excavating Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 8 |
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