| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 4/05 |
| Hearing date | 16 Dec 2004 |
| Determination date | 11 January 2005 |
| Member | G J Wood |
| Representation | G Ogilvie ; N Waldren |
| Location | Wellington |
| Parties | Robins v The Martinborough Hotel (1995) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged was forced to resign because of poor treatment by new beverage manager N" - Personality conflict between applicant and N - Applicant arranged meeting with general manager to discuss concerns - Focused on way N communicated with her - Made it clear if things did not improve would have to resign - General manager talked with N but did not get back to applicant as promised - Further issue regarding applicant wanting time off - Not accepted applicant was left alone to deal with drunken patrons at closing time - Incidents where N almost jammed applicant's fingers in fridge door and bumped into her but not deliberate - Dissatisfaction with a manager's methods not the same thing as a breach of duty - Minor issues in overall context of employment but nothing to show was unreasonable conduct of sufficient seriousness to take matter beyond the line referred to in Wellington v Greenwich (cited below) - No constructive dismissal - Name of respondent amended by consent - Bar worker" |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 5 |
| PDF File Link: | wa 4_05.pdf [pdf 26 KB] |