| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 85/07 |
| Hearing date | 28 Feb 2007 |
| Determination date | 21 March 2007 |
| Member | K Raureti |
| Representation | B Nalder ; K Friedli |
| Location | Auckland |
| Parties | Wyatt v Whangarei Boys' High School |
| Summary | UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant provided with reasonable induction when started job - Respondent concerned about applicant's level of experience and ability to handle position and communicated them in informal meeting - Applicant already told respondent had no intention of leaving - Respondent sought further advice from personal/industrial relations adviser - Respondent claimed second meeting conducted by adviser on without prejudice" basis - Suggested exit package - Applicant believed dismissed - Respondent informed applicant could return but would have to discuss unresolved issues - Felt humiliated and did not want to return - Not forewarned of nature of meeting - No other solutions tabled - Merely covering procedural bases at start of meeting did not afford opportunity to clearly and without undue pressure or duress make informed decision - Manner meeting conducted breached duty and seriously eroded and undermined applicant's trust and confidence in respondent - Constructive dismissal - Remedies - Applicant's lack of technical knowledge and experience may have been core of problem but was not blameworthy conduct - No contributory conduct - Length of service 17 days - Accounts officer" |
| Result | Application granted ; Reimbursement of lost wages ($5,755.50)(9 weeks) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;Wellington, Taranaki and Marlborough Clerical etc IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) [1983] ACJ 965;Western Excavating Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 7 |
| PDF File Link: | aa 85_07.pdf [pdf 44 KB] |