| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 324 |
| Hearing date | 23 Jul 2013 |
| Determination date | 29 July 2013 |
| Member | E Robinson |
| Representation | R Singh (in person) ; J Worker |
| Location | Auckland |
| Parties | Singh v Kiwi Hire and Sales Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent - Applicant accepted oral offer of employment - Applicant provided with work vehicle and phone – Applicant provided with truck prior to work vehicle arriving – Truck’s warrant of fitness and registration expired – Applicant raised concerns about condition of truck - Applicant unable to work for two days following Christmas due to neck sprain – Respondent unable to contact applicant on work phone – Respondent arranged to collect truck – Performance concerns - Applicant informed director would be taking over role and applicant offered assistant manager role - Applicant resigned – General manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent owed duty to conduct fair and reasonable disciplinary process to address performance issues. Applicant had no advance warning of meeting or performance concerns. Applicant not advised to bring support person. Decision to remove applicant from general manager" role predetermined. Respondent’s actions repudiatory conduct. Risk of resignation foreseeable. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: 50% contributory conduct. Respondent to pay applicant $6,581 reimbursement of lost wages. $1,250 compensation appropriate." |
| Result | Application granted; Contributory conduct (50%) ; Reimbursement of lost wages ($6,581.25) ; Compensation for humiliation etc ($1,250) ; Costs reserved |
| Main Category | Personal Grievance |
| 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;Wellington, Taranaki and Marlborough Clerical Etc IUOW v Greenwich (T/A Greenwich and Associates Employment Agency and Complete Fitness Centre) [1983] ACJ 965 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_324.pdf [pdf 187 KB] |