| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 86 |
| Hearing date | 15 Jan 2013 |
| Determination date | 12 March 2013 |
| Member | T G Tetitaha |
| Representation | M Gray (in person) ; No appearance |
| Location | Auckland |
| Parties | Gray v Pahl |
| Summary | PRACTICE AND PROCEDURE - Identity of employer - Whether employer company in liquidation or respondent - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Demotion - Tension in work place - Applicant directed not to touch stock - Negative, aggressive and non-responsive behaviour towards applicant - ARREARS OF WAGES - Applicant sought arrears of wages - No appearance for respondent - Shop assistant and store manager |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Applicant employed by respondent.;UNJUSTIFIED DISMISSAL: Applicant's demotion breached terms of parties' employment agreement. Respondent breached implied terms to act fairly and reasonably towards applicant and provide safe workplace free from bullying. Applicant constructively dismissed. REMEDIES: Respondent to pay applicant $2,709 reimbursement of lost wages; $5,000 compensation appropriate. Interest payable.;ARREARS OF WAGES: Respondent to pay applicant $4,392.12 arrears of wages. Interest payable. |
| Result | Applications granted; Reimbursement of lost wages ($2,709); Compensation for humiliation etc ($5,000); Arrears of wages ($4,392.12); Interest (5%); Costs reserved; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s128(2) - ERA s131 - ERA Schedule 2 cl11 - ERA Schedule 2 cl15 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168; [1994] 2 NZLR 415;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136; [1985] 2 NZLR 372;New Zealand Institute of Fashion Technology v Aitken [2004] 2 ERNZ 340;Golden Plains Fodder Australia Pty Ltd v Millard [2007] SASC 391;STAMS v Denhards Bakeries Co (No 2) [1991] 3 ERNZ 941;Turner v Ogilvy & Mather (NZ) Ltd [1995] 1 ERNZ 11;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 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Auckland_86.pdf [pdf 249 KB] |