| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 4/08 |
| Hearing date | 19 Oct 2007 |
| Determination date | 14 January 2008 |
| Member | R A Monaghan |
| Representation | J Rose (in person) ; SJ Neville |
| Location | Auckland |
| Parties | Rose v Rodney Economic Development Trust |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Claim based on allegations of uncertainty and inconsistency over rules and procedures relating to duties - Alleged discussions about those, and behaviour of manager, amounted to harassment - Circumstances did not support allegation rules were changed - Nothing unfair or unjustified about discussions - Nothing to suggest manager harassed applicant - Respondent made genuine and reasonable attempts to address concerns and clarify areas of uncertainty - Performance review conducted fairly - Nothing inappropriate about disciplinary meeting held to investigate concern applicant advised client to contact “Employment Tribunal” - Applicant resigned claiming ill health due to harassment and negative work environment - First indication of health problems - Respondent asked her to reconsider and applicant agreed to return on conditions - Respondent not obliged to withdraw allegations, as sought by applicant, especially as investigation not complete - Applicant considered this unacceptable and confirmed resignation - No incidents complained of, separately or cumulatively, amounted to breach of duty by respondent - No constructive dismissal - Youth transitions broker |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland etc Shop Employees IUOW v Woolworths NZ Limited [1985] 2 NZLR 372; [1985] ACJ 963; (1985) ERNZ Sel Cas 136;Wellington, etc, Clerical etc IUOW v Greenwich [1983] ACJ 965, 975; (1983) ERNZ Sel Cas 95, |
| Number of Pages | 14 |
| PDF File Link: | aa 4_08.pdf [pdf 44 KB] |