Executive assistant reprimanded by CEO over unsuitable booking
Winton Capital Limited has been ordered to pay over $100,000 to a former executive assistant who was verbally mistreated by her boss after an unsuitable flight booking.
The Employment Relations Authority (ERA) issued the order after finding that Winton Capital constructively dismissed former executive assistant Leah McCann.
McCann, who had worked at Winton Capital since December 2022, alleged that her employer, CEO Chris Meehan, verbally mistreated her following an international flight booking that resulted in a seat she arranged for him being deemed unsuitable.
As heard by the ERA, Meehan got seated in a flight from Dubai to Auckland in a seat between the toilet and the bar in the middle of a thoroughfare.
Meehan said the seat was "arguably worse than an economy seat" and that he had no sleep on the flights home.
According to the CEO, McCann should have checked where his seat was and found out, if she didn't know at first, if the seat was a good or a bad one.
The ERA heard that Meehan called McCann on the drive from the airport following the flights, where the EA reportedly received curses from her boss.
"This is your f*cking job, what the f*ck have you been doing for the last three f*cking weeks?" McCann recalled Meehan telling her during the call. "Just what the fuck have you been doing for the last three weeks, Leah, this is your fucking job, and you should know this."
McCann approached other employees to discuss the situation, and called in sick to work the following day, claiming she had "slept very little and was in a highly anxious state."
Despite her distress, McCann reportedly felt that she had no other option but to consider leaving, particularly after being told that her relationship with Meehan was "broken."
Her access to his email and calendar was also later suspended.
McCann later obtained legal representation on September 26, 2023, as she resigned from the company effective immediately due to the treatment towards her. She then raised with the ERA a personal grievance for unjustified constructive dismissal.
In response to McCann's claims, Winton denied that her dismissal was unjustified, focusing on alleged performance issues and disputing some of McCann's accusations.
Winton argued that McCann's actions had not met the company's standards and that the flight booking incident was symptomatic of broader performance issues.
However, McCann refuted these claims, maintaining that her resignation was not voluntary but a result of the unbearable work environment created by her employer's behaviour.
In its ruling, the ERA determined that Winton's actions were in breach of its duties to McCann, particularly the obligation to maintain a good faith relationship.
The Authority found that Meehan's verbal abuse and the company's handling of the situation, including the pressure to resign while McCann was on sick leave, were unreasonable.
"There is no evidence before the Authority that Ms McCann was signalling a desire to terminate her employment after the incident. Winton however pursued discussion of an exit offer despite being aware Ms McCann was on sick leave," the ERA said.
"Other reasonable options were available to Winton in the circumstances, such as advising Ms McCann it would await her return from sick leave."
The ERA concluded that the relationship between McCann and Winton had deteriorated to the point where it was foreseeable that McCann would resign, and her resignation was therefore constructive dismissal.
"Winton's actions above fell short of what a fair and reasonable employer could have done in the circumstances and these failures breached the duty of good faith and the implied duty not to seriously damage and destroy the trust and confidence inherent in an employment relationship," the ERA said.
"Remaining in the workplace became untenable in the circumstances. It was reasonably foreseeable that Ms McCann would resign in all the circumstances at the time."
The ruling handed down on March 21, 2025, saw the ERA award McCann a total of $104,846.15 in compensation and penalties, marking a significant victory for employees facing mistreatment in the workplace. This amount includes $25,000 for the humiliation and distress caused by Winton's actions, $74,846.15 in lost wages, and a $5,000 penalty for Winton’s breach of good faith.
