| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 448 |
| Hearing date | 30 Sep 2013 |
| Determination date | 30 September 2013 |
| Member | J Crichton |
| Representation | C Redshaw (in person) ; No appearance |
| Location | Auckland |
| Parties | Redshaw v Hygiene Foundation Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - Respondent failed to pay applicant wages - Applicant required to guarantee equipment leased by respondent from company (“F”) - Applicant resigned - No appearance for respondent - Regional Manager |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Authority requested F cancel operating lease agreement to which applicant party. Respondent failed to pay wages and breached duty to applicant. Resignation of applicant reasonably foreseeable consequence. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. $5,000 compensation appropriate. |
| Result | Application granted ; Compensation for humiliation etc ($5,000) ; No order for costs |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Cases Cited | Bell and Ors v Hygiene Foundation Ltd [2013] NZERA Auckland 372;Ellis and Ors v Hygiene Foundation Ltd [2013] NZERA Auckland 353 |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Auckland_448.pdf [pdf 149 KB] |