| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 47 |
| Hearing date | 25 Jan 2011 |
| Determination date | 07 February 2011 |
| Member | R A Monaghan |
| Representation | H Tevita ; C Patterson |
| Location | Auckland |
| Parties | Foley v Auckland District Collections Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed constructively dismissed by respondent – Respondent hosted Christmas party for children of staff members – Applicant did not receive invitation as not known to have children or have care of children – Authority found other staff members in similar circumstances also not invited – Applicant claimed discriminated against by not being invited to children’s party – Applicant raised concerns with managing director (“F”) and claimed F suggested applicant leave – F claimed simply suggested applicant take break – Applicant claimed extremely upset following conversation with F and obtained medical certificate stating unfit for work – Applicant claimed treated employment as terminated – Authority preferred respondent’s account of meetings with applicant – Found applicant confrontational and likely applicant’s attitude coloured interpretation of what F said – Found F sought to resolve issue – Found applicant’s reaction because of feelings of loss following miscarriage – Found insensitive for employer to arrange social activity without taking steps to address matter with excluded staff – Found questionable whether invitation to Christmas party fell within actionable conduct for discrimination – Found F not insensitive about miscarriage – Found F did not ask applicant to resign – Found no breach that met threshold that resignation foreseeable – No dismissal – ARREARS OF WAGES – Applicant claimed $750 unpaid wages – Found no error or omission in calculation of wages and management fee – Found applicant signed employment agreement accepting change in management fee payable – Applicant claimed signed agreement under duress – Found no evidence to support claim – Found no evidence to indicate applicant worse off following new agreement – Counsel conceded claim could not proceed – Applicant sought unpaid sick pay – Found no outstanding entitlement to sick pay at date of absence – Found claim withdrawn – Field Agent |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Human Rights Act 1993 s21(1) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Offices IUOW [1994] 2 NZRL 415 |
| Number of Pages | 11 |
| PDF File Link: | 2011_NZERA_Auckland_47.pdf [pdf 37 KB] |