| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 38/06 |
| Hearing date | 19 Dec 2005 |
| Determination date | 10 March 2006 |
| Member | H Doyle |
| Representation | S Tait ; R Chapman |
| Location | Christchurch |
| Parties | Johnson v Badminton New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged bullying by third party - Respondent's membership consisted of regional associations that were separate business entities to respondent - Applicant's role to support number of associations - Applicant shared office space with particular person (Z") from one association - Alleged that Z bullied her and she resigned because respondent did not support her - Z's behaviour as alleged capable of amounting to bullying - Issue about level of knowledge respondent had of bullying - Applicant reported to executive director who was not based in same city - Respondent knew relationship with Z not positive and supported applicant's suggestion that she relocate - No evidence that applicant told executive director that office situation intolerable as she indicated delay in shifting was all right and she could wait - Executive director's view of some behaviour as "bitchy" not helpful but this did not change approach he took - Applicant did not take unequivocal steps to let respondent know full extent of her concerns - Relocation to another office reasonable step for respondent to take to deal with applicant's known unhappiness with Z - Applicant resigned soon after relocation - Not reasonably foreseeable to respondent that applicant would resign because of its actions or omissions - No breach of implied duties to provide safe workplace and to not conduct itself in manner that was likely to destroy relationship of trust, confidence and fair dealing - No personal grievance - Length of service one year six months - Non-publication order in respect of any details that might identify Z or association she worked for - South Island Badminton Development Manager" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA Second Schedule cl10(1);HSE |
| Cases Cited | Attorney-General v Gilbert [2002] 1 ERNZ 31 ; [2002] 2 NZLR 342;Auckland Shop Employees IUOW v Woolworths [1985] ACJ 963 |
| Number of Pages | 11 |
| PDF File Link: | ca 38_06.pdf [pdf 68 KB] |