| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 325/08 |
| Hearing date | 6 Aug 2008 |
| Determination date | 16 September 2008 |
| Member | M Urlich |
| Representation | C Causer (in person) ; E Mann |
| Location | Auckland |
| Parties | Causer v Gleeson & Cox Transport |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Consistent with agreed probationary period, manager reviewed applicant’s performance in third week of employment – Review sought improvement – Applicant complained to senior managers that bullied and treated unfairly by manager - Following day applicant verbally resigned – Resignation letter stated reasons being workplace unpleasant and attempts to rectify situation had failed – Respondent argued manager critical but not abusive – Authority found close monitoring of applicant’s work during probationary period not breach of duty – Found manager had reasonable basis to raise issues with applicant in performance review – Manager gruff and to the point, but manner not unfair or derogatory and in circumstances did not amount to breach of duty – Found strongest aspect of claim was that confidential complaint to senior managers unfairly disclosed to manager – However, no clear evidence that confidence was breached or that applicant aware of breach – Found no breach of duty – If wrong, Authority also not satisfied that any breach so serious as to give rise to substantial risk of resignation – Applicant raised concerns for first time at meeting with senior managers - Found applicant did not say was considering resigning, and did not wait to receive response before resignation – No unjustified dismissal - Yard supervisor |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168;Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 |
| Number of Pages | 7 |
| PDF File Link: | aa 325_08.pdf [pdf 33 KB] |