| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 147/10 |
| Hearing date | 18 Jun 2010 |
| Determination date | 16 July 2010 |
| Member | R A Monaghan |
| Representation | J Beck ; J Guthrie |
| Location | Christchurch |
| Parties | Halsey v Computer Mate Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed and unjustifiably disadvantaged by applicant’s bullying actions – Respondent denied applicant bullied – Argued dismissal justified for failure to follow reasonable instruction and abusive behaviour towards respondent – Authority found nothing in hours applicant required to work supported bullying claim – Found respondent ceasing overtime did not amount to bullying – Found any failure to reimburse fuel costs did not amount to bullying – Found vehicle access issue not bullying behaviour – Applicant acknowledged struggled with temper – Applicant claimed respondent’s approaches deliberate attempts to play on acknowledged weakness – Authority found respondent’s approaches for technical information not intended as taunts and not bullying – Found sending applicant home to cool down not unlawful suspension – Found improper verbal warning not bullying behaviour – Found no unjustified disadvantage – Applicant summarily dismissed – Found applicant ignored reasonable instruction to move vehicle and used inappropriate language in threatening way – Found respondent’s manner in dealing with applicant less than ideal but human – Authority considered respondent a small business with few staff – Found in all circumstances decision not to tolerate applicant’s conduct one fair and reasonable employer would have made – Dismissal justified – Computer Systems Technician |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 11 |
| PDF File Link: | ca 147_10.pdf [pdf 35 KB] |