MCCANN v WINTON CAPITAL LIMITED [2025] NZERA 171

This page summarises and embeds an Employment Relations Authority (ERA) determination. It is not legal advice.

Story in plain English

The Authority ordered remedies and addressed unjustified dismissal issues (partly successful).

In summary, She further says Winton failed to address the distress and harm she experienced as a result of that behaviour; told her the behaviour would likely continue; told her that the relationship was broken and pressured her to resign while on sick leave; and removed her access to Mr Meehan's email address and calendar. After that, The phone call incident on 14 September 2023 [25] Mr Meehan travelled back to New Zealand on the new flight booking. Later, Ms McCann says she was told she would not have to come back to work if she agreed and could keep her laptop and phone until Tuesday 19 September 2023, but after that date would lose access to Mr Meehan's email/calendar. The determination records that Ms Cooke explains that she told Ms McCann that while she was off sick, her access to Mr Meehan's calendar and emails would be suspended so he could manage these tasks himself or get someone else to help. The Authority notes that She says Ms McCann never challenged this Ms McCann recalls saying she was currently off sick and was not looking at emails but thought she was still employed so thought cutting off her email would be constructive dismissal. Ultimately, She says the litigation hold was actioned later that day, and Ms Hollows was given access to Ms McCann's work email account to ensure Ms McCann was not responding to any of Mr Meehan's emails on his behalf without him knowing until her access was suspended. In the end, Ms McCann's access to Mr Meehan's email and calendar is suspended [57] Ms Cooke sent a text message to Ms McCann on 19 September 2023 to ask when it would suit to discuss the offer.

Key case markers

• This determination comes from the Auckland registry.
• The parties are MCCANN (employee) and WINTON CAPITAL LIMITED (employer).
• Hearing date noted: 27 November 2024.
• Authority member: Sarah Blick.

Key events described

• She further says Winton failed to address the distress and harm she experienced as a result of that behaviour; told her the behaviour would likely continue; told her that the relationship was broken and pressured her to resign while on sick leave; and removed her access to Mr Meehan's email address and calendar.
• The phone call incident on 14 September 2023 [25] Mr Meehan travelled back to New Zealand on the new flight booking.
• Ms McCann says she was told she would not have to come back to work if she agreed and could keep her laptop and phone until Tuesday 19 September 2023, but after that date would lose access to Mr Meehan's email/calendar.
• Ms Cooke explains that she told Ms McCann that while she was off sick, her access to Mr Meehan's calendar and emails would be suspended so he could manage these tasks himself or get someone else to help.
• She says Ms McCann never challenged this Ms McCann recalls saying she was currently off sick and was not looking at emails but thought she was still employed so thought cutting off her email would be constructive dismissal.
• She says the litigation hold was actioned later that day, and Ms Hollows was given access to Ms McCann's work email account to ensure Ms McCann was not responding to any of Mr Meehan's emails on his behalf without him knowing until her access was suspended.
• Ms McCann's access to Mr Meehan's email and calendar is suspended [57] Ms Cooke sent a text message to Ms McCann on 19 September 2023 to ask when it would suit to discuss the offer.
• Ms McCann raises personal grievance for unjustified dismissal [60] Ms McCann obtained legal representation and on 26 September 2023, her previous representative sent a letter to Winton's legal representative, advising she was resigning from her employment effective immediately due to the treatment towards her.
• She raised a personal grievance for unjustified constructive dismissal in the letter.
• Personal grievance claims Constructive dismissal claim [61] Constructive dismissal refers to a situation where, as a result of an employer's action or inaction, an employee's job or workplace becomes untenable, and they are left with no option but to resign.
• Mr Meehan's oral evidence at the investigation meeting that he would not have sworn in front of his driver during the phone call with Ms McCann is not reliable, in light of his earlier statements in his witness statement.

Decision markers

(No decision markers were extracted automatically.)

Orders and payments mentioned

• Compensation: $25,000
• Lost wages: $74,846.15
• Penalty: $1,000,
• Costs: Costs considered.

Note: figures above are extracted from the orders section (or the final orders wording). Check the PDF for full context and any gross/net directions.

Practical takeaways

• Constructive dismissal turns on whether the employer's conduct forced resignation in substance.
• Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.

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Source: Employment Relations Authority determination hosted on determinations.era.govt.nz.