| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 288 |
| Hearing date | 11 Apr 2011 |
| Determination date | 05 July 2011 |
| Member | V Campbell |
| Representation | A-M McInally ; G Bingham |
| Location | Auckland |
| Parties | Lawlor v Bay of Plenty District Health Board |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by respondent - Applicant attended meeting to discuss anger displayed towards another employee - Human Resources representative present at meeting - Applicant told private life being discussed by many at work - Applicant claimed became upset and cried - Applicant claimed made to serve customer - Applicant claimed after serving customer door locked - Applicant claimed amounted to unlawful imprisonment - Door unlocked by manager - Applicant left workplace and took two weeks sick leave - Applicant completed formal complaint form that invoked formal investigation process by respondent - General Manager of Human Resources gave applicant written apology - Authority found applicant required to attend meeting that had appearance of a formal disciplinary meeting without requisite preamble - Found locked door contributed to applicant's distress - Found applicant able to unlock door and leave at any point - Found applicant not required to serve customer - Found applicant's distress caused by gossip about private life rather than locked door - Found matter fully investigated after formal complaint - No disadvantage - Laundry Services |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Mason v Health Waikato Ltd [1998] ERNZ 84;McCosh v National Bank of New Zealand Ltd unreported, Colgan J, 13 September 2004, AC 49/04;NZ Storeworkers etc IUOW v South Pacific Tyres (NZ) Ltd [1990] 3 NZILR 452;Bilkey v Imagepac Partners unreported, Colgan J, 7 October 2000, AC 65/02 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Auckland_288.pdf [pdf 18 KB] |