| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 343 |
| Hearing date | 1 Aug 2013 |
| Determination date | 07 August 2013 |
| Member | A Fitzgibbon |
| Representation | M Moncur ; no appearance |
| Location | Auckland |
| Parties | Zhong v NZ Natural Dairy Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – Salary paid erratically – Applicant requested salary be paid in one sum – Situation not resolved – Applicant resigned and sought final pay - No appearance for respondent – COSTS – Applicant sought contribution towards costs - Accounts clerk |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Breach of duty not to pay salary. Applicant had not received full salary for March 2013 at time of resignation. Applicant made clear situation could not continue. Reasonably foreseeable substantial risk applicant would resign. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: Respondent to pay applicant $7,666 reimbursement of lost wages. $1,500 compensation appropriate.;COSTS: Less than one day investigation meeting. Notional daily tariff appropriate. Respondent to pay applicant $500 contribution towards costs. |
| Result | Application granted ; Reimbursement of lost wages ($2,666) ; Compensation for humiliation etc ($1,500) ; Costs in favour of applicant ($500) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s128(2) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168; [1994] 2 NZLR 415 |
| Number of Pages | 5 |
| PDF File Link: | 2013_NZERA_Auckland_343.pdf [pdf 220 KB] |