| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 302/02 |
| Hearing date | 23 Jul 2002 |
| Determination date | 14 October 2002 |
| Member | Y S Oldfield |
| Representation | L Robinson ; E Mann |
| Location | Auckland |
| Parties | Anderson v Frontline Painters Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether offer and acceptance - Contract offered by agent of respondent - Applicant requested to sign contract in front of agent - Agent did not sign contract at time - Contract to be signed by director - Agent conceded thought matter concluded - Financial situation changed - Sought to offer 3 month contract as contractor status - Applicant refused - Gained employment elsewhere - Offer and acceptance established - Attempt to rescind contract forced resignation - Breach of duty - Constructive dismissal established - General manager |
| Result | Application granted ; Reimbursement of lost wages ($3,692.31)(3 weeks) ; Compensation for humiliation etc ($1,500) ; Costs reserved |
| Statutes | ERA s122 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |