| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 106/02 |
| Hearing date | 10 Sep 2002 |
| Determination date | 21 October 2002 |
| Member | H Doyle |
| Representation | S Taylor ; M Cottle |
| Location | Christchurch |
| Parties | Gillespie v Mervyn Cottle t/a Tokyo Auto Town |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Identity of employer - Whether respondent or company - Employment agreement not provided until final day of work - Issue of identity not raised by respondent until end of investigation meeting - Credibility - Applicant's evidence preferred - Respondent was employer - Poor performance - Asked to resign given concerns about performance - Threatened with dismissal and bad reference - Amounted to course of conduct with purpose of coercing applicant to resign - Constructive dismissal claim made out - Dismissal unjustified - Remedies - Employment gained 2 weeks after dismissal on lower pay - Reimbursement of difference over 3 months appropriate - Counterclaim - Failure to give notice - One week's wages sought - Claim dismissed - Car groomer |
| Result | Application granted ; Counterclaim dismissed ; Reimbursement of lost wages ($552.50) ; Compensation for humiliation etc ($3,000) ; Costs in favour of applicant ($70) |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |