| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 53 |
| Hearing date | 20 Feb 2013 |
| Determination date | 14 May 2013 |
| Member | T MacKinnon |
| Representation | P Hunt ; G Tayler |
| Location | Napier |
| Parties | Gillett-Jackson v Sinclair Pryor Motors Ltd |
| Summary | UNJUSTIFIED DISMISSAL – ARREARS OF WAGES – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant sought arrears of wages – Applicant claimed entitled to pay increase - Training minimum wage – Pay rises based on credits achieved – Whether credit achievement chart formed part of employment agreement - Applicant behind in work and at risk of losing apprenticeship – Applicant sought pay rise following course completion – Applicant refused respondent’s wage offer and resigned – GOOD FAITH - PENALTY – Applicant sought penalty for respondent’s breach of good faith – COUNTERCLAIM – PENALTY - Respondent sought penalty for applicant’s breach of employment agreement – Applicant took sick leave for notice period due to stress - Apprentice vehicle technician |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL – ARREARS OF WAGES: Applicant received three pay rises. Respondent not obliged to offer more than minimum training wage. Applicant failed to raise concerns over wage. Applicant paid equal to or higher than wage specified in employment agreement. Obligation on applicant to be communicative with respondent. No credible reason for applicant refusing respondent’s wage offer. Applicant’s resignation premeditated and not consistent with obligation of good faith. No arrears of wages. No constructive dismissal.;PENALTY: No breach of good faith. No penalty.;COUNTERCLAIM – PENALTY: Applicant gave required notice. Applicant entitled to take sick leave. No breach of notice provisions in employment agreement. No penalty. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Shop Employees Union v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136; [1985] 2 NZLR 372;Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW (Inc) [1994] 1 ERNZ 168; [1994] 2 NZLR 415;New Zealand Institute of Fashion Technology v Aitken [2004] 2 ERNZ 340 |
| Number of Pages | 13 |
| PDF File Link: | 2013_NZERA_Wellington_53.pdf [pdf 247 KB] |