| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 449 |
| Hearing date | 18 Apr 2011 |
| Determination date | 19 October 2011 |
| Member | D King |
| Representation | D Flaws ; S Leftley |
| Location | Auckland |
| Parties | Williams v Radius Residential Care Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Abandonment - Applicant claimed unjustifiably disadvantaged by respondent’s removal of one of applicant’s positions and unjustifiably dismissed by respondent – Respondent claimed applicant abandoned employment – Applicant claimed respondent’s manager (“F”) berated her about residents’ personal money accounts and unbanked cheque – Applicant claimed F shouted at applicant and said was removed from privacy officer position – F claimed told applicant was removing role as applicant did not understand it – Applicant claimed F yelled at applicant should “get out” – F claimed asked applicant to attend informal meeting as wanted to update applicant’s leave – F claimed told applicant had some issues with residents’ personal money accounts as box containing confidential resident notes had been found in insecure location under applicant’s desk – F claimed applicant said had delegated matter so decided to remove privacy officer role – F claimed applicant very defensive and aggressive and F told applicant to go home and calm down – Respondent’s chief operating officer requested applicant attend meeting with F – Applicant’s advocate (“D”) considered applicant had been dismissed and cancelled meeting – Respondent’s human resources manager (“R”) contacted applicant and asked her to attend meeting – D contacted R and suggested without prejudice meeting to attempt to resolve matters – Parties did not resolve matter – Respondent told D applicant had not been dismissed and expected applicant to return to work immediately – Authority found F’s actions in removing applicant’s privacy officer role less than satisfactory but did not amount to unjustified disadvantage – Found F did not dismiss applicant rather told applicant to go home after parties’ altercation – No personal grievance - Assistant Manager/Privacy Officer |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_449.pdf [pdf 16 KB] |