| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 73/10 |
| Hearing date | 9 Dec 2009 |
| Determination date | 24 March 2010 |
| Member | P Montgomery |
| Representation | K Walker ; K Smith |
| Location | Oamaru |
| Parties | Parker v Alliance Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed respondent failed to provide safe workplace therefore no option but to resign – Respondent argued applicant justifiably dismissed for misconduct – Argued no breach of obligations causing constructive dismissal – Applicant received three written warnings for unauthorised leaving of workplace – Applicant claimed other employees complained to applicant alleging sexual harassment against employee (“X”) – Claimed allegations caused applicant to lose concentration causing health and safety issues – Claimed left workplace to address safety matters – Meeting held to address applicant’s concerns however did not provide specific details for allegations – Applicant advised supervisor (“Y”) intended to resign – Advised would not work with X – Y asked whether X harassing or intimidating applicant – Applicant replied “no” – Y advised applicant would discuss matters with respondent – Applicant left workplace without authorised – Disciplinary meeting held – Applicant dismissed for misconduct – Applicant asked if respondent would re-employ applicant – Applicant not re-employed - Personal grievance raised – Authority found applicant’s claim confused as applicant actually dismissed – Found applicant failed to give specifics of allegation when requested – Found Y advised applicant would discuss allegation with respondent and report back – Found applicant left workplace before Y could report back – Found disciplinary meting closed with applicant agreeing dismissal and disciplinary procedure justified – Found applicant’s belated attempt to justify leaving workplace unconvincing – Found no constructive dismissal – Found actual dismissal justified - Meatworker |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 8 |
| PDF File Link: | ca 73_10.pdf [pdf 30 KB] |