| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 72/09 |
| Hearing date | 18 Mar 2009 |
| Determination date | 28 May 2009 |
| Member | P R Stapp |
| Representation | S Mitchell ; G Malone |
| Location | Napier |
| Parties | Winitana v Affco New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed following respondent’s failure to provide safe workplace – Applicant complained to supervisor (“S”) about co-worker’s (“T”) behaviour – S’s requested applicant meet with T however applicant declined – Applicant claimed upset and left workplace on union’s advice – Applicant returned to workplace in new season and worked in new position - Applicant claimed new position linked to complaints made earlier – Applicant resigned – Authority found applicant made no formal complaints to respondent and union – Found applicant gave no details of complaints - Found respondent’s response to complaints sufficient however applicant failed to be communicative and active about resolving matters - Found respondent monitored situation and found no risks to health and safety in workplace – Found respondent spoke to T and attempted to organise meeting - Found applicant’s complaints related to poor inter-personal relations with T and probable applicant party to incidents - Found union encouraged applicant to return to workplace to resolve matters – Found new position not linked to complaints – Found applicant voluntarily resigned for reasons other than employment relations – Found breach of obligation not proved – No constructive dismissal |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 |
| Number of Pages | 6 |
| PDF File Link: | wa 72_09.pdf [pdf 23 KB] |