Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 51/06
Hearing date 28 Nov 2005
Determination date 24 February 2006
Member D King
Representation C Wright ; N Scott
Location Auckland
Parties Lee v Abigroup Asset Services New Zealand Ltd
Summary UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged bullying and failure to provide safe workplace - At performance review applicant's difficulties with communication and staff relationships discussed - Agreed that applicant and another staff member would swap duties so other staff member could learn aspects of applicant's job - Applicant emailed staff notifying of change before matter finalised - Applicant challenged manager's authority - Incident where manager sought to speak to applicant about a letter regarding a disputed account - Applicant on phone and manager interrupted, speaking loudly and aggressively - Applicant off work on sick leave - Manager's interrupting applicant while on phone did not constitute bullying or the existence of an unsafe workplace - Accepted that applicant was upset by manager's continued requests that she meet with him to discuss letter, but manager entitled to do so - Applicant not entitled to refuse - Apparent that applicant had problem accepting manager's authority - No breach of duty - No constructive dismissal - Financial administrator
Result Application dismissed ; Costs reserved
Number of Pages 4
PDF File Link: aa 51_06.pdf [pdf 22 KB]