| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 196 |
| Hearing date | 30 Apr 2014 |
| Determination date | 19 May 2014 |
| Member | E Robinson |
| Representation | N Bradford (in person) ; N Elsmore |
| Location | Auckland |
| Parties | Bradford v Earth Crest Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - No employment agreement - Applicant offered contract for services but did not agree to terms as applicant subject to no asset procedure and could not be self employed and respondent would cease rental, power and telephone payments -Respondent concerned applicant chosing own work hours - Concerns not specified prior to meeting - Applicant advised to take leave as respondent concerned about wellbeing of applicant - Applicant requested more leave on basis of stress and respondent agreed - Applicant resigned following settlement agreement - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Applicant resigned following agreement all wages and holiday pay owed would be paid - Respondent ceased payment due to concern over accounts monies paid to - Grounds man |
| Abstract | AUTHORITY FOUND - UNJUSTIFIED DISMISSAL: Respondent accepted applicant's rejection of contract for services and applicant remained employee. Respondent addressed concerns at length in email about applicant's work hours and applicant advised on several occasions employees were to work maximum 80 hours. Applicant aware from email meeting about working hours though no detail on what would constitute any other concerns" Respondent did not act in good faith by failing to clarify nature of concerns but no suggestion termination of employment intended. Applicant voluntarily entered negotiations which resulted in agreement of terms on which employment would end. No dismissal.;ARREARS OF WAGES AND HOLIDAY PAY: Respondent agreed to pay applicant monies owed. Respondent to pay applicant $7,751 arrears of wages and $2,760 arrears of holiday pay. Interest payable." |
| Result | Application granted (arrears of wages and holiday pay); Arrears of wages ($7,751.25); Arrears of holiday pay ($2,760.10); Interest (5%); Application dismissed (unjustified dismissal); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA Second Schedule cl 11;Judicature Act 1908;Judicature (Prescribed Rate of Interest) Order 2011 |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd (1985) ERNZ Sel Cas 136 ; [1985] 2 NZLR 372 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Auckland_196.pdf [pdf 200 KB] |