| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 124/10 |
| Hearing date | 25 Jun 2010 |
| Determination date | 15 July 2010 |
| Member | D Asher |
| Representation | JA Burney ; B Pearce |
| Location | Whanganui |
| Parties | Priston v Sexual Abuse Healing Centre (Whanganui) Inc |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Applicant claimed respondent’s failure to particularise complaint made against applicant caused disadvantage – Claimed unjustifiably dismissed after made clear did not want to resign – Respondent argued no disciplinary action taken to cause disadvantage – Argued parties entered into full and final mediated settlement agreement to end employment relationship – Respondent held meeting disclosing complaint made against applicant – Respondent declined to name complainant and nature of complaint despite applicant’s requests – Respondent unsuccessfully attempted to engage with applicant in performance review plan - Applicant refused to discuss plan without respondent first disclosing requested information – Employment relationship deteriorated – Parties entered into mediated settlement agreement to end employment relationship – Parties signed agreement however mediator had not – Applicant subsequently resiled from agreement and advised mediator to not sign agreement - Personal grievance raised - Applicant advised respondent did not want to resign but be placed on garden leave – Respondent responded resignation already accepted therefore employment relationship terminated – Authority found parties knew mediator had not signed agreement therefore formal process for binding accord not completed – Found reasonable employer would not have terminated employment in absence of binding accord and when applicant clearly revoked resignation – Found applicant unjustifiably dismissed – Found no unjustified disadvantage arising from performance review process – Found although failure to particularise complaint may have caused disadvantage, respondent’s willingness to meet applicant and undertake mediation mitigated against any disadvantage suffered – Found review process never escalated to disciplinary action therefore no disadvantage – Found if applicant was disadvantaged, compensation for unjustified dismissal sufficient to cover humiliation suffered – REMEDIES – No contributory conduct – Declined lost wages award as applicant could not enter into full time employment due to own family care arrangements – Found $5,000 compensation appropriate given little evidence of hurt and humiliation and termination had been contemplated by parties – Manager |
| Result | Application granted (Unjustified dismissal) ; Application dismissed (Unjustified disadvantage) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s149 |
| Cases Cited | Abernathy v Dynea NZ Limited (No 2) [2007] ERNZ 462;Air New Zealand v V (2009) 9 NZELC 93,209 |
| Number of Pages | 9 |
| PDF File Link: | wa 124_10.pdf [pdf 31 KB] |