| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 143/05 |
| Hearing date | 25 Aug 2005 |
| Determination date | 02 September 2005 |
| Member | D Asher |
| Representation | G Lloyd ; M Gould |
| Location | Wellington |
| Parties | Prince v Masterton Supermarkets Ltd t/a Pak'N Save |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged was advised he would be reassigned because of complaints about his conduct and he would be fired if he refused reassigned role - Alleged at second meeting respondent expressed disappointment applicant had consulted his union - Respondent alleged reassignment proposal only - Accepted at second meeting told applicant it would dig up dirt" on applicant if applicant persisted with personal grievance - Applicant's overall accounts of meetings accepted - Reassignment presented as fait accompli - No details of alleged complaints about conduct put to applicant - No previous performance concerns raised - Respondent's position that it would resort to previously unspecified performance issues to achieve its wishes was not in good faith or conduct of fair and reasonable employer - Efforts by applicant to legitimately exercise right to obtain advice resulted in greater pressure - Hard to imagine what might cut deeper into heart of employment relationship - Resignation wholly foreseeable - Constructive dismissal - Comment by Authority about alleged complaints of sexually inappropriate behaviour by applicant - Respondent alleged received written complaints from clients' sales representatives - Treated less seriously than complaint by employees - Reprehensible that conduct it said it would not tolerate if directed toward female employees seemingly condoned when directed towards non-staff - Grocery buyer" |
| Result | Application granted ; Reimbursement of lost remuneration (parties to calculate quantum)(3 months) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;IHC Northern Vocational Services v Jordan [2004] 1 ERNZ 421 |
| Number of Pages | 9 |
| PDF File Link: | wa 143_05.pdf [pdf 30 KB] |