| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 37 |
| Hearing date | 24 Jan 2013 |
| Determination date | 26 March 2013 |
| Member | G J Wood |
| Representation | D Becker ; P Stobbart |
| Location | Wellington |
| Parties | Lloyd v AV Services (1994) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Regular arguments between applicant and respondent’s owner (“S”) – Swearing – Applicant directed to clean office – Door slammed in applicant’s face – Refusal to allow applicant to leave work early during unprecedented snowy and icy weather – Applicant to have wages docked for not working next day – Applicant protested abusive language from S – Complaint of threatening behaviour to Police – Applicant advised not to return to work if feared for applicant’s safety – PENALTY – Applicant sought penalty for respondent’s failure to retain copy of applicant’s employment agreement (“EA”) – Whether applicant’s EA shredded by respondent – Administration manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant could not be expected to put up with S’s behaviour anymore. S would not have physically assaulted applicant but reasonable for applicant to feel threatened. Respondent on notice S’s behaviour would not be tolerated by applicant. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $12,000 reimbursement of lost wages. $10,000 compensation appropriate.;PENALTY: Insufficient evidence respondent responsible for shredding of applicant’s EA. No penalty. |
| Result | Application granted (unjustified dismissal) ; Reimbursement of lost wages ($12,000) ; Compensation for humiliation etc ($10,000) ; Application dismissed (penalty) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s64;ERA s103A;ERA s103A(4) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Lloyd v AV Services (1994) Ltd [2012] NZERA Wellington 68 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Wellington_37.pdf [pdf 180 KB] |