| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 352/05 |
| Hearing date | 24 Mar 2005 |
| Determination date | 12 September 2005 |
| Member | L Robinson |
| Representation | R parmenter ; J Hogan |
| Location | Auckland |
| Parties | Mace v Accounts Enforcement Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant resigned alleging treatment at work had had serious impact on health and well-being - Applicant had been permitted to work from home - Working relationship between parties began to deteriorate - Told applicant her working from home was not working out for respondent - Meetings to discuss concerns about applicant's performance - Confusion as to whether performance review was actually disciplinary - Arrangement to work from home had become permanent arrangement and was term of applicant's agreement - Instructed to return to office - Absence of consultation was breach of implied term not to do anything to destroy relationship of trust and confidence - Breach of implied term of fair and reasonable treatment - Managing director's behaviour at meeting not actions of fair and reasonable employer - Accepted he was yelling, shouting and shaking with rage - Made derogatory comments about applicant's lawyer - Destructive and negative environment - Not in accord with duty of good faith - Breached duty to applicant - Serious enough to cause applicant to resign - Unjustified constructive dismissal - Recoveries officer |
| Result | Application granted ; Reimbursement of lost wages ($15,000) ; Compensation for humiliation etc ($7,000) ; Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | aa 352_05.pdf [pdf 79 KB] |