| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 15 |
| Hearing date | 18 Oct 2011 |
| Determination date | 10 February 2012 |
| Member | D King |
| Representation | C Blomkvist ; C Petronelli (in person) |
| Location | Whanganui |
| Parties | Gibson v Petronelli |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant told respondent three months pregnant and would take maternity leave – Respondent denied told applicant would not hold job open and applicant could not expect to be paid maternity leave – Respondent claimed applicant had been undercharging clients and had been sending respondent’s clients to another salon – Applicant claimed had sent client to another salon as respondent did not have correct product – Applicant claimed respondent said applicant ungrateful and did not deserve wages – Respondent told applicant to resign – Authority found applicant not told respondent could not keep job open while pregnant – Found applicant entitled to treat employment as terminated at respondent’s initiative – Constructive dismissal – REMEDIES – Found no reimbursement of lost wages as applicant did not attempt to mitigate loss – Found reimbursement for parental leave appropriate – Parties to determine quantum - $4,000 compensation appropriate - Hairdresser |
| Result | Application granted ; Compensation for loss of benefit (paid parental leave)(quantum to be determined) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Wellington_15.pdf [pdf 16 KB] |