| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 215 |
| Hearing date | 17 Sep 2013 |
| Determination date | 16 October 2013 |
| Member | R Larmer |
| Representation | T Lyall ; K Chapman |
| Location | Christchurch |
| Parties | Cottrell v the Nelson Society for the Protection of Cruelty to Animals Inc |
| Summary | UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably disadvantaged by rent increase of on-site accommodation and unjustifiably dismissed by respondent - Applicant carried out multiple roles for respondent - On-site accommodation with reduced rent offered to reflect caretaker role - Whether rent amount term of parties' employment agreement - COUNTERCLAIM - RECOVERY OF MONIES - Respondent sought recovery of monies for applicant's failure to give notice of intention to vacate tenancy and failure to give required notice of resignation |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL: Applicant disadvantaged by rent increase. Increase less than market rent and respondent provided notice of increase. No unjustified disadvantage. Applicant unhappy as result of various issues but no unacceptable conduct by respondent. Applicant initiated end to employment. No dismissal.;COUNTERCLAIM - RECOVERY OF MONIES: Applicant's failure to give notice of intention to vacate tenancy not within jurisdiction of Authority to investigate. No evidence of loss suffered by respondent for applicant's failure to give notice of resignation. No recovery of monies. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - Residential Tenancies Act 1986 |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136 ; [1985] 2 NZLR 372 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Christchurch_215.pdf [pdf 219 KB] |