| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 125/07 |
| Hearing date | 20 Jun 2007 |
| Determination date | 29 October 2007 |
| Member | J Crichton |
| Representation | J Guthrie ; R Brazil |
| Location | Dunedin |
| Parties | McGillivray v Godfreys Bakery |
| Summary | UNJUSTIED DISADVANTAGE – Business sold and applicant alleged lost seniority to new owner, who pestered him with phone calls - Also complained about new method of payment but issue never raised with respondent – Respondent alleged applicant’s behaviour and performance decreased markedly and attempts to engage him unsuccessful as he refused to change - Applicant denied problems with performance or talking about it with respondent – Claimed work deliberately taken away from him and given to others – Applicant raised personal grievance and parties attended mediation – Claimed as result of confrontational nature of mediation he felt worse and resigned – Respondent’s evidence preferred – No unjustified action in relation to applicant’s pay, hours or ability to take bereavement leave - No unjustified disadvantage - UNJUSTIED DISMISSAL – Constructive dismissal – Interim determination struck out part of statement of problem that appeared to provide sole basis for constructive dismissal claim – Claim now advanced on different basis – Altercation between applicant and owner, who readily admitted she was in wrong – Appeared applicant so unnerved by exchange that when later mediation also unnerving he felt had to resign – No reasonable basis for constructive dismissal – No disadvantage found so same facts could not provide grounds for constructive dismissal - Not inappropriate for employer to seek to address performance deficits in sheltered environment of mediation conducted by Mediation Service - Must be competent for employer to raise matters with employee in that protective environment and to not be subject to threat of finding of constructive dismissal exclusively for that reason – No constructive dismissal – Baker |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | ca 125_07.pdf [pdf 34 KB] |