| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 151 |
| Hearing date | 16 Jul 2013 |
| Determination date | 26 July 2013 |
| Member | G J Wood |
| Representation | M King ; M Guest |
| Location | Christchurch |
| Parties | Newman v Hard Left Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – Whether respondent suggested applicant retire – Applicant received national superannuation – Applicant alleged to have treated customer in rude and dismissive manner – Applicant not prepared properly for lunches – Respondent queried applicant about possibility of retirement – Abusive language from applicant – Applicant walked out of shift - Applicant believed dismissed - Respondent circulated email regarding applicant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: No breach of duty raising complaint with applicant. Suggestion applicant retire breach of duty. Not appropriate to suggest employee retire when concerns of performance nature. Applicant not employee at time email sent. Applicant constructively dismissed. REMEDIES: 25% contributory conduct. $3,000 compensation appropriate. |
| Result | Application granted ; Contributory conduct (25%) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Boobyer v Good Health Wanganui Ltd unreported, Goddard CJ, 24 Feb 1994, WEC3/94;Nimon & Sons Ltd v Buckley (2007) 4 NZELR 743;Wallace & Cooper Ltd t/a Andar Holdings v Irvine [2013] NZEmpC 86 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Christchurch_151.pdf [pdf 172 KB] |