| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 137/07 |
| Hearing date | 28 Feb 2007 |
| Determination date | 03 May 2007 |
| Member | M Urlich |
| Representation | M benvie ; G Norton |
| Location | Auckland |
| Parties | Gillespie v Fox & Gunn Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant provided witness statement against another employee (M") for internal disciplinary investigation - Applicant agreed to make statement on condition name not disclosed to M - Assured statement would be held in confidence - Respondent on notice applicant felt threatened by M - Respondent’s investigation found M made threatening comments to another employee – Disclosed applicant’s name to M because thought withholding it procedurally improper - M confronted applicant after disciplinary meeting and she subsequently resigned - Resignation result of respondent’s disclosure of applicant’s identity - Resignation foreseeable - Applicant not told name would be disclosed or given opportunity to withdraw statement - Procedural pitfalls relating to M’s disciplinary process could have been overcome if respondent obtained from applicant reason why scared of M - Respondent could then have justifiable basis to withhold applicant’s name - Constructive dismissal - Length of service 14 months" |
| Result | Application granted ; Reimbursement of lost wages (One week) ; Compensation for humiliation etc ($6,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | aa 137_07.pdf [pdf 43 KB] |