| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 3/05 |
| Hearing date | 11 Dec 2003 - 15 Dec 2003 (3 days) |
| Determination date | 10 January 2005 |
| Member | D King |
| Representation | M Lewis ; R McIlraith, L Turner |
| Location | Auckland |
| Parties | Jones v Baycorp Advantage (NZ) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged manager intimidating and demeaning - One instance where manager yelled at applicant when dissatisfied with work - Applicant had difficulty performing required task and meeting deadline - Performance monitoring process put in place and offered counselling - Did not receive bonus - Failed to complete agreed tasks - Performance meeting planned - When manager raised concerns applicant became emotional - Both angry and distressed and swore at each other - Manager attempted to prevent applicant from leaving room by placing hand on door - Human resources manager and co-employee visited applicant's home twice - Wisdom of company representatives going to applicant's home when she was distressed questioned - Two suspensions but given applicant's emotional state and fact investigation had commenced it was sensible for applicant not to be at work - Employment agreement provided for paid stand down period while investigation took place - Events did not constitute disadvantage - Nature and level of applicant's position not misrepresented by respondent - Manager did not set out to persecute, demean, upset, undermine or devalue applicant - No dismissal - No personal grievance - Communications manager |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths NZ Limited [1985] 2 NZLR 372 |
| Number of Pages | 9 |
| PDF File Link: | aa 3_05.pdf [pdf 60 KB] |