| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 149/06 |
| Hearing date | 23 Mar 2006 |
| Determination date | 02 May 2006 |
| Member | D King |
| Representation | RM Pepene (in person) ; P McBride |
| Location | Auckland |
| Parties | Pepene v Idea Services Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged she was disadvantaged, discriminated against and constructively dismissed by respondent - Over three month period applicant made nine complaints about fellow staff members - One staff member made five complaints about applicant and another staff member also made complaint about applicant - Applicant resigned after being on sick leave for over a month - Respondent arranged series of meetings and endeavoured to resolve interpersonal relationship problems - Referred applicant to EAP - When matters of concern about applicant were raised respondent notified applicant and gave her an opportunity to respond - No breach of duty - No personal grievance - Length of service 11 months - Community support worker |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 4 |
| PDF File Link: | aa 149_06.pdf [pdf 19 KB] |