| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 498/05 |
| Hearing date | 2 Nov 2005 |
| Determination date | 23 December 2005 |
| Member | D King |
| Representation | J Burley ; P Swarbrick |
| Location | Auckland |
| Parties | Williams v The Warehouse Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged bullying, derogatory and intimidatory behaviour by applicant - Respondent's Human Resources Account Manager (HR manager") received complaints about applicant's behaviour - HR manager investigated complaints while applicant on sick leave - Staff said that if applicant returned they would walk off - When applicant returned to work she was suspended after meeting between applicants, HR manager and applicant's manager - No contractual entitlement to suspend - Suspension not predetermined and consultation took place - Preferable for applicant to have been told of purpose of meeting beforehand but difficult situation for respondent - Respondent right to err on side of caution and make decision to suspend in order to protect staff - After further meetings applicant's manager decided to dismiss applicant - Applicant alleged that involvement of her manager biased decision because applicant had previously accused her manager of bullying - Authority did not agree because evidence relating to relationship could not be described as bullying, and investigation involved consultation with number of senior personnel - Respondent entitled to conclude that serious misconduct had taken place and to make decision to dismiss - No personal grievance" |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 7 |
| PDF File Link: | aa 498_05.pdf [pdf 31 KB] |