| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 190 |
| Hearing date | 10 Feb 2011 |
| Determination date | 02 December 2011 |
| Member | H Doyle |
| Representation | T M Smith (in person) ; S Staley |
| Location | Dunedin |
| Parties | Smith v McGlynn Homes Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent – Respondent manager (“C”) requested applicant attend meeting to address allegations that applicant discussed personal and confidential information about resident with friend, spoke to friend for long period during work time, and was unwelcoming, intimidating and negative towards residents – C further raised allegation that applicant had made staff member anxious about welfare and intimidated and stressed at having received messages from applicant about disciplinary matters – C decided appropriate for applicant to go to alternative workplace until allegations investigated – Applicant told C was suffering from stress and asked to remain off work on full pay until investigation completed as sick leave exhausted – C not prepared to pay applicant while off work sick with no sick leave – Applicant claimed directed to lie about reason for working at alternative workplace by C – Authority not satisfied there was instruction to lie – C informed applicant that restructure proposal would change hours applicant had been working as required each person to complete share of morning and afternoon shifts – C claimed applicant agreed to change of hours – Applicant claimed agreement limited to new workplace – Applicant informed by C that explanation accepted for some allegations but not for others – Applicant claimed bullied and intimidated by C – Applicant resigned before disciplinary process finalised – Found applicant not disadvantaged by allegations raised in letter – Found applicant not disadvantaged by disclosure of additional allegations as applicant had opportunity to answer them – Found temporary change of workplace while investigation ongoing justified – Found consultation between C and applicant on change of hours adequate – Found less likely applicant would sign variation to hours of work if no agreement – Found no disadvantage to applicant due to change of hours as they were hours applicant would have been working at original workplace – Found evidence about interactions between applicant and C did not support bullying or intimidation – Found allegations not engineered or predetermined by C – Found applicant not disadvantaged by not having outcome to process – No disadvantage – COSTS – Applicant claimed lost wages as result of adjournment because unable to undertake bar managers course – Found no award appropriate against respondent for adjournment – Support Worker |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 16 |
| PDF File Link: | 2011_NZERA_Christchurch_190.pdf [pdf 73 KB] |