| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 298/10 |
| Hearing date | 14 Jun 2010 |
| Determination date | 25 June 2010 |
| Member | R Arthur |
| Representation | E Parohinog (in person) ; A Lubbe |
| Location | Auckland |
| Parties | Parohinog v ANZ National Bank Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant made series of complaints about managers over extended period – Respondent thoroughly investigated complaints – Authority found respondent reasonable in becoming increasingly concerned about animosity applicant expressed towards managers – Respondent reviewed relationship with applicant following staff members’ concerns about applicant’s behaviour – Meetings held to investigate concerns – Manager advised staff those late for staff meeting would not be let into building until after meeting – Applicant late to meeting and went home after being let in – Another staff member also late to meeting but stayed at work – Applicant refused to return to work until concerns about flexibility of starting time addressed to applicant’s satisfaction – Applicant resigned following final written warning – Previous manager approved applicant arriving late to work on some days in order to drop son at childcare – Arrangement only temporary – Repeated incidents of lateness – Respondent attempted to accommodate flexibility around working hours – Found respondent’s efforts to accommodate work flexibility reasonable – Found applicant’s evidence did not confirm allegation of bullying – Found no performance demands made of applicant in breach of terms of employment – Found no constructive dismissal – ARREARS OF HOLIDAY PAY – Applicant claimed underpaid annual leave entitlement in final pay – Found respondent thoroughly reviewed entitlements – Found no shortfall in entitlements due – COSTS – Costs to lie where they fall – Personal banker |
| Result | Applications dismissed ; Costs to lie where they fall |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s174 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities IUOW [1994] ERNZ 168 |
| Number of Pages | 8 |
| PDF File Link: | aa 298_10.pdf [pdf 29 KB] |