| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 353 |
| Determination date | 09 August 2013 |
| Member | J Crichton |
| Representation | J Ellis (in person), S Zer (in person), T Stavrovska (in person) ; no appearance |
| Parties | Ellis and Ors v Hygiene Foundation Ltd |
| Other Parties | Zer, Stavrovska |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicants claimed unjustifiably dismissed by respondent – Respondent failed to pay wages – Whether applicants threatened with loss of job and misled about nature of employment – Whether targets unrealistic – Applicants required to guarantee equipment leased by respondent – Applicants resigned - No appearance for respondent – Regional managers |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Evidence shows Respondent failed to pay wages. Evidence of threats basis to conclude respondent’s behaviour made resignation reasonably foreseeable consequence. Respondent breached duties to applicants. Applicants constructively dismissed. REMEDIES: No contributory conduct. $5,000 compensation appropriate for each applicant ; Respondent to pay each applicant $15,000 reimbursement of lost wages. |
| Result | Applications granted ; Compensation for humiliation etc ($5,000)(each applicant) ; Reimbursement of lost wages ($15,000)(each applicant) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s124 – ERA s128(1) |
| Number of Pages | 5 |
| PDF File Link: | 2013_NZERA_Auckland_353.pdf [pdf 142 KB] |