| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 245/05 |
| Hearing date | 1 Mar 2005 - 22 Apr 2005 (2 days) |
| Determination date | 04 July 2005 |
| Member | A Dumbleton |
| Representation | D Flaws ; C Muston |
| Location | Auckland |
| Parties | Ferrar-Jones v Ascot Insurance Brokers Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant subjected to sarcasm, anger, irrational conduct, shouting, sneering, swearing, denigration and other similar verbal abuse, and physical behaviour such as stamping, door-slamming and file-banging by one of respondent's directors (M") - Unreasonable behaviour - Respondent undertook to train applicant to do work with higher level of responsibility - Training exercise broke down - When applicant complained to other director about these matters she was told that M was about to retire - Respondent did not address complaints in any other way - M announced she was not going to retire and applicant resigned - Breach of duty of sufficient seriousness to make it reasonably foreseeable to respondent that applicant would not continue to put up with conditions prevailing in workplace - Office administrator and computer operator" |
| Result | Application granted ; Reimbursement of lost wages ($7,500)(3 months) ; Compensation for humiliation etc ($8,500) ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW (Inc) [1994] 1 ERNZ 168 |
| Number of Pages | 5 |
| PDF File Link: | aa 245_05.pdf [pdf 33 KB] |