| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 176/05 |
| Hearing date | 5 Apr 2005 - 6 Apr 2005 (2 days) |
| Determination date | 07 October 2005 |
| Member | Y S Oldfield |
| Representation | K Rowell ; G Pollak |
| Location | Auckland |
| Parties | Grimwood v Dad's Pies Ltd |
| Summary | RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 day period - Applicant continued to perform some work for respondent after resignation and received payment - Employment terminated not on date of resignation but on day applicant last performed work - Grievance raised within time - BREACH OF CONTRACT - UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant resigned position as general manager - Alleged numerous breaches including excessive workload and inadequate support by managing director - Suffered physical and emotional collapse following resignation - Average working week 45-50 hours - Informed respondent more staff needed, was tired and needed a break - Not sufficient to put respondent on notice that health at risk - Demanding job was factor in applicant's collapse but harm not foreseeable - No serious breach in relation to workload - Reasonable to expect applicant to be responsible for managing staff - Insufficient evidence to conclude applicant not supported in role - Differences of opinion not evidence of lack of support - No breach in relation to alleged failure to support - Request that applicant visit suicidal staff member not work related instruction and applicant able to refuse - No breach in relation to incident - Full leave entitlements received - Not unreasonable to decline request for one month's leave on short notice especially as no leave owing and respondent not informed leave needed for ill health - No breach in relation to leave - One of the two alleged sexual comments by managing director may have been made - Comment not appropriate but not serious breach such that resignation foreseeable - No breach of contract - No constructive dismissal - No unjustified disadvantage - General manager |
| Result | Applications dismissed ; Costs reserved |
| Cases Cited | Attorney-General v Gilbert [2002] 1 ERNZ 31 ; [2002] 2 NZLR 342;Barber v Somerset County Council [2004] UKHL 13 |
| Number of Pages | 9 |
| PDF File Link: | aa 176_05.pdf [pdf 35 KB] |