| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 7/05 |
| Hearing date | 1 Sep 2004 - 18 Oct 2004 (4 days) |
| Determination date | 17 January 2005 |
| Member | K Raureti |
| Representation | B Nabney ; M Beech |
| Location | Auckland |
| Parties | Phillips v Bay of Plenty Polytechnic |
| Summary | UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Constructive dismissal - Cancelled classes and workshops gave applicant lighter workload - Staff felt applicant not pulling her weight" - At staff meeting Head of School gave everyone opportunity to criticise applicant - Applicant announced intention to resign - Head of School refused to accept resignation while applicant upset and told her to take sick leave - After two months on sick leave applicant sought "disregarded sick leave" under parties' employment agreement - Disregarded sick leave provided sick leave on pay which was not debited from sick leave entitlement if certain criteria met - Respondent did not accept applicant met criteria - After meeting to discuss applicant's situation respondent did not get back to applicant about disregarded sick leave as promised - Applicant resigned - No repudiatory conduct by respondent to degree serious enough to amount to constructive dismissal - Management of applicant's workload, manner staff meeting conducted and way disregarded sick leave issue dealt with created unjustified disadvantage - Remedies - Taken into account that given applicant's external stresses respondent not complete source of injury to feelings - Hair dressing tutor" |
| Result | Application dismissed (constructive dismissal) ; Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Statutes | ERA s103(1)(b) |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;Compass Union of NZ Inc v Carlton & United Breweries (NZ) Pty Ltd [1992] 1 ERNZ 1;NZ Woollen Workers IUOW v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438;Wellington etc Clerical Workers' Union v Greenwich [1983] ACJ 965;Western Excavating (ECC) Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 8 |
| PDF File Link: | aa 7_05.pdf [pdf 56 KB] |