| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 54/10 |
| Hearing date | 15 Oct 2009 |
| Determination date | 09 February 2010 |
| Member | M Urlich |
| Representation | J Parlane ; S Wragg |
| Location | Auckland |
| Parties | Paea v Chief Executive of the Department of Corrections |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Respondent received complaint about applicant’s conduct from offender - Applicant advised complaint received, respondent to undertake investigation, and dismissal a possibility - Applicant resigned during second investigation meeting - Applicant claimed resignation resulted from threat of dismissal - Applicant claimed day before meeting told by union organiser should resign - Claimed signed dismissal letter under duress without proper legal advice - Parties disputed what was said at meeting and who initiated resignation - Respondent’s evidence preferred - Found purpose of meeting to put new allegations to applicant - Found respondent had not concluded investigation - Found as union organiser had asked if respondent would accept resignation appropriate to give applicant opportunity to resign at meeting - Found applicant not presented with option of resigning or being dismissed - Resignation genuine - No dismissal - Applicant’s alternative ground for constructive dismissal was that subjected to workplace bullying - Claimed bullying behaviour culminated with investigation into complaint - Authority found respondent’s interventions to manage applicant’s performance based on genuine grounds - Found no evidence to support bullying claim - No dismissal - GOOD FAITH - Applicant claimed after employment ended former manager unreasonably and unfairly gave damaging reference to prospective employer - Claimed breached duty of good faith - Authority found lacked jurisdiction to consider matter as duty of good faith did not survive termination of employment - Community Work Supervisor |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl10 |
| Cases Cited | Balfour v The Chief Executive, Department of Corrections [2007] ERNZ 808;Evans v Gen-i Ltd unreported, D King, 29 Aug 2005, AA 333/05;Clear v Waikato District Health Board unreported, J Scott, 13 Feb 2007, AA 33/07 |
| Number of Pages | 7 |
| PDF File Link: | aa 54_10.pdf [pdf 35 KB] |