| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 99/06 |
| Hearing date | 14 Jul 2005 - 15 Feb 2006 (2 days) |
| Determination date | 31 March 2006 |
| Member | R A Monaghan |
| Representation | M Ryan ; T Drake |
| Location | Auckland |
| Parties | Ruebe-Donaldson v Sky Network Television Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant's supervisor received complaints about unpleasant odour in office - Supervisor and some complainants believed odour came from applicant - Manager arranged for air conditioning to be checked and some changes made but complaints continued - All female employees in dispatch spoken to about personal hygiene - Problem appeared to be resolved for a few months but became noticeable again with more staff complaints - Manager asked personnel officer to look into matter - Colleague told applicant she was believed to be source of odour and applicant contacted personnel officer - Applicant did not believe personnel officer took matter seriously, but Authority accepted discussion between applicant and personnel officer only preliminary - Mere fact that applicant denied being source of odour did not mean personnel officer obliged to immediately accept denial - Applicant became upset and went on sick leave - Applicant's doctor's letter recorded applicant had no medical problems which would be associated with any odour or lack of personal hygiene - Applicant resigned after mediation - Authority did not accept that respondent proceeded as if allegations about applicant correct, or that management was determined to support applicant's supervisor at all costs - Authority did not accept that respondent failed to take reasonable steps to address complaints about odour - Not realistic to expect that colleagues would not discuss odour or their perception of odour - Labelling of chairs by supervisor was inappropriate contribution to problem but should not be elevated to point that legal redress available in respect of it - Complaints motivated by genuine concerns - Circumstances difficult and embarrassing for applicant but respondent obliged to take into account interests of all staff - No personal grievance - Dispatch officer worker |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 6 |
| PDF File Link: | aa 99_06.pdf [pdf 38 KB] |