| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 259/09 |
| Hearing date | 7 Oct 2008 - 8 Oct 2008 (2 days) |
| Determination date | 05 August 2009 |
| Member | L Robinson |
| Representation | B Owen (Applicant in person) ; F McLaren, K Mendez |
| Location | Auckland |
| Parties | Owen v You & Me Ltd t/a Wee Wisdom Montessori Preschool |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Authority found applicant unreliable witness and had very serious doubts about her credibility - Credibility finding in favour of respondent - Applicant moved from United Kingdom to take up employment with respondent - Applicant claimed tendered resignation following series of incidents in which belittled, undermined and threatened within workplace - Authority found applicant resigned by letter - Authority noted resignation letter made no mention of multiple claims applicant brought before Authority - Applicant claimed breach of verbal contract when respondent failed to amend individual employment agreement (“IEA”) to revise terms and notice period - Authority accepted respondent’s managing director’s (“S”) denial of any oral agreement - Applicant claimed S promised to assist and advise her on starting academic course - Authority accepted S’ evidence that did assist and advise applicant - Applicant’s claim not given induction when commenced employment rejected - Authority rejected applicant’s allegations respondent had no first aid kit, smoke detector, fire extinguisher and building warrant of fitness - Applicant claimed S intimidated applicant by involving Police when applicant accused one of respondent’s employees (“V”) of theft - Authority accepted S’s evidence that upset by allegation and sought to address it so applicant did not accuse her of failing to do so - Applicant claimed concerns about V working with children ignored - Authority found only matter applicant raised with S about V was theft allegation - Found no foundation for any of applicant's allegations against V - Authority found applicant not threatened by S or S’s husband - Found applicant not intimidated, mocked, undermined, exploited, isolated, degraded, or bullied by any of respondent’s employees - Authority made no findings in relation to applicant’s allegations of breaches of statutory requirements as no specific breaches identified - Applicant alleged respondent operating without properly qualified person and that S permitted situation - S claimed applicant’s allegation mischievous because applicant represented was suitably qualified person - Authority found respondent not knowingly operating without qualified head teacher but rather, applicant failed to advise respondent that her qualifications not recognised by NZQA - Authority found no breach of duty by respondent owed to applicant - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - Authority found as none of applicant’s claims proved, no unjustifiable action by respondent causing applicant disadvantage - ARREARS OF WAGES - Applicant claimed owed higher hourly rate than agreed rate in IEA because of duties and responsibility - Authority found no basis for claim - Found applicant not owed arrears of wages - Montesorri Supervisor/Head Teacher |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Education Act 1989;Education (Early Childhood Centres) Regulations 1998;Health & Safety in Employment Act 1992 |
| Number of Pages | 8 |
| PDF File Link: | aa 259_09.pdf [pdf 32 KB] |