| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 18/08 |
| Hearing date | 16 Nov 2007 |
| Determination date | 22 January 2008 |
| Member | A Dumbleton |
| Representation | S King ; G Pollak |
| Location | Auckland |
| Parties | Gurnell v School Centre Irene Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - No breach of good faith when employment entered into - Expectation of pay rise not based on promise made by respondent - During employment applicant raised personal grievance alleging unjustified disadvantaged - At same time applicant raised grievance, respondent sought meeting to discuss concerns relating to misuse of confidential information and misappropriation of money - Police involved and applicant suspended - Following investigation, issued written warning for failure to follow policy in relation to receipt of money - Few days later applicant resigned - Not suspended because raised grievance - Respondent actions did not fit within definition of lockout - Any possibility of disadvantage arising from warning had not crystallised before employment ended - Respondent had proper cause for disciplinary investigation and warning reasonable - Resignation in response to warning not foreseeable - Also alleged respondent breached duty to ensure safety by causing distress by raising allegations at a time when she was already on sick leave because of stress - Respondent did not take any appreciable risk with regard to applicant’s health - No breach of s236 Employment Relations Act 2000 as disciplinary meetings not convened pursuant to a statutory right “to do anything or take any action” - Respondent met required health and safety standards - Resignation precluded resolution of grievances - No useful purpose served by going back and attempt to redress the various problems raised - Matters resolved in favour of respondent - Assistant manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s82;ERA s82(1);ERA s86(1)(c);ERA s103(1)(b);ERA s236;Health and Safety in Employment Act 1992 s6 |
| Cases Cited | Auckland Power Board v Auckland Local Authorities IUOW [1994] 1;ERNZ 168;Auckland Shop Employees’ Union v Woolworths (NZ) Ltd [1985] 2 NZLR 372;NZ Woollen Workers IUOW v Distinctive Knitwear NZ Ltd [1990] 438 |
| Number of Pages | 15 |
| PDF File Link: | aa 18_08.pdf [pdf 50 KB] |