Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 51/01
Determination date 01 October 2001
Member A Dumbleton
Representation MF Hawkesby ; PM James
Location Christchurch
Parties Stoneman v Saunders & Co
Summary UNJUSTIFIED DISADVANTAGE - Heated confrontation between applicant and partner in respondent's firm - Displayed low regard for applicant - Applicant and partner reactive to each other - Confrontation did not amount to unjustified disadvantage - Applicant sought apology - Told by respondent to sort things out herself with the partner - Unsatisfactory handling of problem - Mediation requested but took place 5 months after confrontation - Respondent's delay and handling of problem did not cause additional disadvantage in conditions of employment - No unjustified disadvantage - UNJUSTIFIED DISMISSAL - Constructive dismissal - Resigned after reading affidavit by co-worker for mediation - Affidavit not a statement of the respondent - Respondent's actions contributed to need for mediation - Not reasonably foreseeable that applicant would resign - No constructive dismissal
Result Application dismissed ; Costs reserved
Number of Pages 5
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