| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 22/07 |
| Hearing date | 28 Nov 2006 |
| Determination date | 30 January 2007 |
| Member | Y S Oldfield |
| Representation | J Trotman ; P Shaw |
| Location | Auckland |
| Parties | Greenwood v Vodaphone New Zealand Ltd |
| Other Parties | Vodafone |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Incompatibility - Applicant claimed respondent failed to provide safe working environment - Authority not satisfied applicant bullied - Applicant argued even if not bullied, relationship dysfunctional and source of stress and confusion - Also claimed no management support - Required to solve difficult problems as inherent part of job - Operational matters did not pose foreseeable risk to applicant - Progress made in addressing personal conflicts - Confusion about role not addressed - Applicant claimed informal 2IC and dotted line" reporting relationship with co-worker - Underlying cause of conflict with co-worker - Respondent denied applicant had that responsibility and no evidence gave this impression - However, applicant unjustifiably disadvantaged as manager failed to see applicant under misapprehension when should have been plain - Issues combined to cause significant stress and factor in ill heath - Authority not satisfied work only, or even primary cause - Assertion personal problems did not contribute to health issues not credible - Manager's knowledge of personal problems through friendship with applicant did not put respondent on notice applicant particularly at risk - Applicant went on stress leave then short term secondment - Managed return to original role proposed but applicant resigned before further meeting to discuss return - Respondent took reasonable steps to prevent further harm - Not reasonable for applicant to refuse to participate - No breach of duty - No constructive dismissal - Also disadvantaged by loss of remuneration as some leave taken without pay - Remedies - Contributory conduct - Applicant's actions contributed to workplace conflict - Personal problems contributed to distress - Team manager" |
| Result | Application dismissed (Dismissal) ; Application granted (Disadvantage) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 13 |
| PDF File Link: | aa 22_07.pdf [pdf 94 KB] |