| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 282/09 |
| Hearing date | 19 Mar 2009 - 20 Mar 2009 (2 days) |
| Determination date | 14 August 2009 |
| Member | D King |
| Representation | RW Adams (in person) ; P Swarbrick |
| Location | Auckland |
| Parties | Adams v The Warehouse Ltd |
| Summary | RAISING PERSONAL GRIEVANCE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant made number of complaints about store managers at Whangaparoa – Respondent investigated complaints and police involved – Applicant subsequently resigned because of personal feelings regarding appropriate disciplinary action that manager should have received – Authority found no jurisdiction to hear claim from Whangaparoa store as outside 90 day period – Applicant commenced temporary contract at Newmarket store and transferred to Glenfield – Applicant argued constructively dismissed by way of intimidation, abuse and underhand conduct by management at Glenfield – Applicant claimed complained of managers conduct and received abusive response – Found complaint related to events at Whangaparoa store – No constructive dismissal – UNJUSTIFIED DISADVANTAGE – Found no jurisdiction to hear claim from Whangaparoa store as outside 90 day period – Applicant claimed unjustified disadvantage in the respondent’s failure to pay bonus – Found applicant not entitled to bonus because had not been in continuous employment at time bonus became payable – Applicant also claimed unjustified disadvantage at Glenfield store due to colleague’s behaviour during telephone conversation and subsequent visit to his home – Respondent argued colleague acted outside authority of employer and therefore not action of employer – Conversation took place outside workplace and outside work hours – No evidence of disadvantage by alleged unjustified action – Found no unjustified action and no disadvantage – Loss prevention officer |
| Result | Application dismissed ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s114 |
| Cases Cited | Auckland Shop Employees Union v Woolworths NZ Ltd [1985] 2 NZLR 372;Auckland Electric Power Board v Auckland Provincial District Local Authority Union of Workers [1994] 2 NZLR 415 |
| Number of Pages | 16 |
| PDF File Link: | aa 282_09.pdf [pdf 50 KB] |