| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 7 |
| Hearing date | 17 Jul 2012 |
| Determination date | 10 January 2013 |
| Member | M B Loftus |
| Representation | W van Harselarr ; L Vincent, A Doyle |
| Location | Balclutha |
| Parties | AP & AW Hughes Ltd v Johnstone |
| Summary | RECOVERY OF MONIES – Applicant sought recovery of annual leave taken in advance and wages overpaid to respondent – COUNTERCLAIM – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Respondent claimed unjustifiably disadvantaged by applicant’s actions and unjustifiably dismissed – Whether respondent dismissed – Reduced hours following medical problems |
| Abstract | AUTHORITY FOUND –;RECOVERY OF MONIES: Respondent told by applicant to take leave. Applicant legally precluded from doing so. No recovery of monies.;COUNTERCLAIM – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Respondents claim respondent dismissed by applicant contradicts constructive dismissal claim. No unjustified disadvantage. No dismissal. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136; [1985] 2 NZLR 372;Wellington, Taranaki and Marlborough Clerical etc IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95;Z v A [1993] 2 ERNZ 469 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Christchurch_7.pdf [pdf 183 KB] |