| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 121/10 |
| Hearing date | 8 Sep 2009 - 9 Sep 2009 (2 days) |
| Determination date | 15 March 2010 |
| Member | J Crichton |
| Representation | L Inglis (Applicant in person) ; H Kynaston |
| Location | Auckland |
| Parties | Inglis v Vice-Chancellor of Massey University |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – UNJUSTIFIED DISADVANTAGE – Applicant alleged bullied by Associate Professor while employed by respondent – Applicant alleged investigation conducted as consequence of bullying unsatisfactory – Applicant resigned and took short term fellowship overseas – Associate Professor denied bullying applicant and attributed complaints to attempts to manage applicant’s poor teaching performance – Meeting held to discuss bullying allegation – Meeting taped and provided to Associate Professor – Applicant disputed agreeing to transcript of meeting being provided to Associate Professor – Applicant complained to Privacy Commissioner about breach of privacy – Respondent claimed applicant agreed to meeting being taped – Respondent unable to reach finding applicant bullied – Applicant subsequently resigned – Applicant alleged Associate Professor made prank phone calls late at night – Associate Professor found out about phone calls and offered protection to applicant – Applicant alleged respondent preferred views of students over applicant’s responses – Respondent claimed applicant failed to take responsibility for shortcomings – Authority preferred respondent’s evidence – Performance management fell to Associate Professor – Applicant claimed feared for safety and subject to tirade of anger – Associate Professor denied claims – Found no evidence to suggest Associate Professor behaved inappropriately – Found Associate Professor had professional obligation to try to manage performance deficits of applicant – Found outcome of investigation fair given lack of evidence of applicant – No bullying – No constructive dismissal – Senior lecturer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Health and Safety in Employment Act 1992 |
| Number of Pages | 14 |
| PDF File Link: | aa 121_10.pdf [pdf 57 KB] |