| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 254/02 |
| Hearing date | 8 Aug 2002 |
| Determination date | 26 August 2002 |
| Member | D King |
| Representation | J Galt ; D O'Neill |
| Location | Auckland |
| Parties | Gudsell v Paddy Smith Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Verbally abused twice by superior - First time abused while manager away - Complaint made to manager - Second time abused in presence of manager - No response by manager - Applicant resigned - Employer had responsibility to ensure employees did not verbally abuse others - Verbal abuse constituted breach of trust and confidence - Breach sufficiently serious to entitle applicant to resign - Despatch manager |
| Result | Application granted ; Reimbursement of lost wages ($5,300) ; Compensation for humiliation etc ($5,000) ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 ; [1985] 2 NZLR 372;Edmonds v Attorney-General for New Zealand [1998] 1 ERNZ 1;Wellington Clerical Workers' IUOW v Barraud & Abraham Ltd [1970] 70 BA 347;Wellington Road Transport etc IUOW v Shell Oil (NZ) Ltd [1980] ACJ 217 |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |