| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 20/01 |
| Determination date | 29 May 2001 |
| Member | P Cheyne |
| Representation | J Crichton ; LM Morris |
| Location | Christchurch |
| Parties | Hammond v UpMarketing & Sales Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether resignation or dismissal - Requested time off - Resigned after respondent insisted on paying her holiday pay - Told to take payment or leave - Termination initiated by employer - Failure to comply with statutory obligations - Anticipatory breach - Resignation reasonably foreseeable - Office assistant |
| Result | Application granted ; Reimbursement of lost wages ($6,513.24) ; Compensation for humiliation etc ($1,500) ; Costs reserved |
| Statutes | ERA s143(f);ERA s157(1);ERA s157(3);ERA s160(3);Holidays Act 1981 s19 |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;MacMillan v Hickey's Pharmacy Ltd [1999] 1 ERNZ 837 |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |