| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 370/05 |
| Hearing date | 19 Jul 2005 |
| Determination date | 20 September 2005 |
| Member | A Dumbleton |
| Representation | H Thorpe ; P Kiely |
| Location | Auckland |
| Parties | Kennedy v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged she resigned because her complaints of being bullied were not investigated - Alleged unsafe workplace - Applicant told manager she felt bullied by colleague and asked for help but did not wish to make formal complaint - Agreed to manager's suggestion of facilitated meeting with colleague - Applicant alleged dissatisfied with facilitated meeting but left it with commitment to move on from problems - However later felt she encountered hostile behaviour from colleague's friend - Announced intention to resign - Manager tried to change applicant's mind and get her to consider proposed changes to help improve problems - Applicant resigned - Respondent had bullying prevention policy with three methods for resolving issues: self-help, management intervention, and formal complaint procedure - Applicant had formal complaint procedure available to her - No breach of duty - Bullying prevention policy formulated by respondent in discharge of obligations under Health and Safety in Employment Act 1992 - Policy applied to applicant's complaint fairly and sensitively in accordance with own wishes - No failure in duty to provide and maintain safe place of work |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Attorney-General v Gilbert [2002] 2 NZLR 342;Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW (Inc) [1994] 1 ERNZ 168;Buchanans Foundry Ltd v Department of Labour [1996] 1 ERNZ 333;Koia v Attorney-General in respect of the Chief Executive of the Ministry of Justice [2004] 2 ERNZ 213 |
| Number of Pages | 5 |
| PDF File Link: | aa 370_05.pdf [pdf 32 KB] |