| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 282/08 |
| Hearing date | 25 Mar 2008 : 23 Apr 2008 (2 days) |
| Determination date | 07 August 2008 |
| Member | L Robinson |
| Representation | D Williamson (in person) ; M Coughlan |
| Location | Auckland |
| Parties | Williamson v New Zealand Institute of Science & Technology Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Fixed term employment – Applicant alleged unfounded allegations including being “labelled a racist and work performance” – Applicant sought compensation for “wrongful allegations” and “defamation of character” – Respondent’s manager (“C”) approached by students with complaints about applicant’s tutoring – On day complaints received, applicant called to meeting and told complaints received from students that not teaching grammar, played too many games, student felt racially discriminated against and treated unfairly – Applicant wrote to respondent refuting allegations and stated raising personal grievance – C replied with invitation to attend meeting next day – Applicant presented with “deed of indemnity” where asked to agree to termination of employment subject to conditions, including not bringing personal grievance – Applicant argued would accept deed if paid for afternoon classes and provided with positive reference – Respondent refused to accept applicant’s counter offer – Applicant resigned claiming work conditions intolerable due to false allegations “in particular being called a racist” – Authority had no jurisdiction to hear “defamation of character” allegation – Authority found doubtful whether applicant’s letter to respondent sufficient to raise personal grievance, however, respondent’s subsequent conduct indicated had no issue with form of notification – Authority considered true situation that employment came to end without applicant’s concurrence – Authority found applicant’s reference to “intolerable working conditions” a reference to respondent’s failure to discuss changes to classes and to tell applicant about meetings – Authority found applicant never called a racist, however, agreed with objection to suggestion that applicant responsible for students feeling “racial discrimination” – Respondent should have put specific statements made by students to applicant for explanation or response – Authority concluded respondent took for granted students allegations that had been “racially discriminated” against and not interested in applicant’s response to allegations – Only input sought from applicant was view on how to resolve situation – Authority found applicant entitled to have allegation verified and investigated properly – Respondent’s actions not in accordance with statutory duty of good faith owed to applicant – Very serious to allege someone a racist or discriminated against others and failure to investigate allegation fully and fairly very serious breach – Authority concluded substantial risk of resignation being reasonably foreseeable having regard to seriousness of breach – Unjustified constructive dismissal – No contribution – Applicant gave no evidence of significant hurt and humiliation – Authority found however, must have been distressing to have been accused unfairly of having “racially discriminated” against students – Compensation of $2000 appropriate – English tutor |
| Result | Application granted ; Compensation for humiliation etc ($2,000) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s122;ERA s124;ERA s160(3) |
| Number of Pages | 10 |
| PDF File Link: | aa 282_08.pdf [pdf 37 KB] |