| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 23/01 |
| Hearing date | 15 May 2001 |
| Determination date | 17 May 2001 |
| Member | S Bathgate |
| Representation | F Twiss ; M Andrews |
| Location | Wellington |
| Parties | Burling v McNaughton |
| Other Parties | Burling |
| Summary | RECOVERY OF MONEY - Alleged overpayment of respondent's wages - Paid at gross rather than net rate - Error in payment made - Contract and Wages Protection Act 1983 provided for recovery of money - Conditions met - Overpayment claim made out - UNJUSTIFIED DISMISSAL - Whether constructive dismissal - Relationship between parties deteriorated - Unable to resolve overpayment problem - Incidents between parties with police called - Applicant resigned - Employment relationship was in considerable difficulty - Complete breakdown - Applicant had no choice but to resign - Constructive dismissal claim made out - No compensation due to contributory conduct - Entitled to salary to end of contract, holiday pay and bonus entitlement - Herd manager |
| Result | Orders accordingly ; Costs to lie where they fall |
| Statutes | Wages Protection Act 1983 s6 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |