| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 63/07 |
| Hearing date | 17 Apr 2007 |
| Determination date | 22 June 2007 |
| Member | J Crichton |
| Representation | T Shaw ; B Nathan |
| Location | Timaru |
| Parties | Preston v Comtec Communications Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged respondent's director treated her in rude, aggressive and intimidating manner - Alleged things got worse after raised concerns with him - Significant exchange between parties over applicant's attendance at sales course - Director denied spoke inappropriately, but applicant's evidence preferred - Not behaviour of fair and reasonable employer - Applicant obtained legal advice and sent letter to director seeking commitment bullying behaviour would stop - Letter timed to coincide with start of her annual leave - On return, given letter to remain on leave and over following three weeks received two more letters effectively instructing her not to fulfil usual duties - No explanation provided - Unlawful suspension - Doubly reprehensible as applicant's income partly derived from commission and respondent had right to consider termination if failed to generate certain sales - Applicant subsequently participated in meeting with parent company, set up by respondent in response to bullying letter - Director did not properly brief parent company on extent of difficulties to be addressed - Applicant claimed hostile behaviour continued, became discouraged by relationship and resigned - Respondent's course of conduct so gross and insulting applicant had no option but to resign - Breach of duty to act fairly and equitably - Constructive dismissal - Business consultant |
| Result | Application granted ; Reimbursement of lost wages ($28,500)(9 months) ; Compensation for humiliation ($12,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths NZ [1985] ACJ 963 |
| Number of Pages | 8 |
| PDF File Link: | ca 63_07.pdf [pdf 31 KB] |