| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 12/07 |
| Hearing date | 8 Nov 2006 - 15 nov 2006 (2 days) |
| Determination date | 19 January 2007 |
| Member | J Wilson |
| Representation | S Wilford (Applicant in Person) ; C Eggleston |
| Location | Auckland |
| Parties | Wilford v Aden Electrical Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant claimed subjected to bullying - Asked that he not work with bullying employees - Dispute whether bullying occurred - Applicant obviously distressed - Fair and reasonable employer would and should have undertaken full investigation - Not investigating complaints constituted unjustified action - Unjustified disadvantage - UNJUSTIFIED DISMISSAL - Constructive dismissal - Manager made aware of situation and asked for time to investigate complaints - Applicant on stress leave when resigned – Not at work when resigned, so not at risk - Chose to resign before investigation completed because received offer of employment - Resignation not caused by breach of duty - No constructive dismissal - PENALTY - Applicant requested s4A Employment Relations Act 2000 (ERA") penalty for breach of duty of good faith - Respondent accepted resignation with immediate effect - Applicant claimed by not being allowed to work notice was discriminated against on grounds had lodged grievance - If respondent did breach duty, breach not deliberate or sustained - No penalty warranted - ARREARS OF WAGES - Money deducted from final pay and due and owing - Length of service one year two months - Electrical apprentice" |
| Result | Application dismissed (Unjustified dismissal, penalty) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($110.02) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s4A, ERA s103(1)(a), ERA s103(1)(b), ERA 103A |
| Cases Cited | Attorney-General v Gilbert [2002] 1 ERNZ 31, [2002] 2 NZLR 342;McGowan v Nutype Accessories Ltd [2003] 1 ERNZ 120 |
| Number of Pages | 11 |
| PDF File Link: | aa 12_07.pdf [pdf 122 KB] |