| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 178/10 |
| Hearing date | 11 Oct 2010 |
| Determination date | 03 November 2010 |
| Member | D Asher |
| Representation | D Vincent, S Sorsby, N Davies ; A Higgins |
| Location | Wellington |
| Parties | Anto v Planet Spice Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – English not applicant’s first language – Interpreter used at investigation meeting - Applicant claimed respondent’s mangers (“D” and “B”) raised their voices at him and shouted instructions, that his ethnicity was questioned and that told on number of occasions did not look Indian and did not know how to cook - Applicant claimed on specified date directed to cook whole, skewered fish in tandoor oven – Claimed some of fish fell into oven and applicant burnt arms when reached into oven in attempt to retrieve it – Applicant claimed was shouted at angrily by B, pushed and given little aid despite serious burns - Respondent claimed applicant suffered burns, but says were result of applicant’s own, unprompted actions and that provided assistance including offer to go home – Applicant claimed three days later was further incident over cooking tandoori chicken – Applicant told respondent wanted to resign – Respondent accepted applicant’s resignation - Applicant sought assistance from Citizen’s Advice Bureau (“CAB”) – CAB sent letter to respondent on behalf of applicant stating applicant wished to withdraw resignation – Respondent refused to accept withdrawal of resignation as had found replacement chef - Credibility finding in favour of respondent – Authority found applicant’s evidence vague and contradictory – Found applicant had not raised issues about alleged treatment by B and D prior to resignation and raising of personal grievance – Authority did not accept applicant shouted at, had ethnicity questioned and told did not know how to cook - Found in respect of two specified events, applicant given fair, reasonable and legitimate instructions as to what dishes to prepare and how to prepare them – Found applicant resigned on own initiative – Found resignation not as result of treatment by B and D - Found applicant then changed mind and sought to withdraw resignation – Found by that time respondent had already found replacement chef – Found in those circumstances respondent fairly and reasonably able to refuse applicant’s request to withdraw resignation - Authority did not accept was situation in which respondent took advantage of unwitting or unintended words of resignation – No unjustified disadvantage - No dismissal – Applications dismissed - Chef |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Boobyer v Good Health Wanganui Ltd unreported, Goddard CJ, 24 Feb 1994, WEC 3/94 |
| Number of Pages | 8 |
| PDF File Link: | wa 178_10.pdf [pdf 28 KB] |