| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 149/10 |
| Hearing date | 25 Sep 2009 |
| Determination date | 29 March 2010 |
| Member | R Arthur |
| Representation | H White ; D Harrison |
| Location | Auckland |
| Parties | Ayyildiz v Harrison Cafe Ltd |
| Summary | PERSONAL GRIEVANCE – Constructive dismissal – Applicant claimed constructively dismissed for respondent’s failure to protect applicant from chef’s (“C”) unacceptable conduct – Respondent argued took immediate steps to discipline chef for misconduct – Argued attempted to get applicant to return to work after incident – Applicant complained to respondent not getting proper breaks – Respondent made arrangements for breaks to be provided – Applicant complained C’s work demands unreasonable – Respondent advised C to give applicant more time to complete work – Respondent asked applicant whether wanted to reduce demanding work hours – Applicant declined offer - Altercation occurred between applicant and C – C swore at applicant – Respondent discussed incident with applicant - Respondent advised applicant would issue C with written warning – Applicant’s husband (“M”) intervened and altercation occurred – Applicant left workplace – Respondent and C unsuccessfully attempted to contact applicant – Personal grievance raised – Authority found no breach by respondent of duties to applicant in handling swearing incident – Found altercation between respondent and M unfortunate but not grounds for finding breach – Found resignation not reasonably foreseeable as applicant insisted continue working despite previous arguments with C – Found nothing to indicate applicant would not continue working after immediate action taken to deal with swearing incident – Found further, applicant declined to reduce demanding work hours – No constructive dismissal – COSTS – Costs to lie where they fall |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Shop Employees IUW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136;Wellington Clerical IUW v Greenwich (1983) ERNZ Sel Cas 95 |
| Number of Pages | 6 |
| PDF File Link: | aa 149_10.pdf [pdf 19 KB] |