| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 328/05 |
| Hearing date | 19 Jul 2005 |
| Determination date | 29 August 2005 |
| Member | M Urlich |
| Representation | R Marsh ; H Fulton |
| Location | Auckland |
| Parties | Marsh v Inghams Enterprises (NZ) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant resigned after disciplinary meeting and written performance warning - Alleged workplace bullying - Claimed humiliated by supervisor's disrespectful comments and yelling - Also raised changes in work method, unreasonable refusal of leave application, unfounded accusations of attending work under influence of alcohol, and unfounded criticism of work performance including written warning - Concerns about treatment by supervisor not raised with respondent - Some of other concerns raised but dealt with or not pursued - Applicant not given fair notice of disciplinary meeting at which written warning issued - No opportunity to obtain representation - Not told detail of customer complaint - No opportunity to comment - Alleged bullying and other incidents did not amount to pattern of conduct over time with view to forcing resignation and did not indicate intention by respondent not to be bound by employment agreement - Failure to raise issues during employment denied respondent opportunity to address concerns - No link between incidents complained of and final warning which immediately preceded applicant's decision to resign - Applicant worked out notice period indicating believed respondent still intended to be bound by employment agreement - No constructive dismissal - In circumstances written warning amounted to unjustified disadvantage - Telesales operator/call centre operator |
| Result | Application dismissed (Constructive dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($2,000) ; Costs reserved |
| Statutes | ERA s123(1)(c)(i) |
| Number of Pages | 4 |
| PDF File Link: | aa 328_05.pdf [pdf 25 KB] |