| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 2/03 |
| Hearing date | 29 Nov 2002 |
| Determination date | 03 January 2003 |
| Member | D King |
| Representation | M Meyrick ; P Collins |
| Location | Auckland |
| Parties | Andrew v Jacklum Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Meeting regarding concerns about applicant - Two weeks suspension - Applicant resigned - Claimed white girl/dark girl" policy offensive - Knew policy when accepted position - Policy was discriminatory - Requiring employee to carry out actions in breach of statute would ordinarily amount to breach of contract - Unusual circumstances - Applicant actively promoted discriminatory practice - Applicant did not resign because of concerns over policy - Applicant resigned because performance issues raised - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - Entitled to investigate allegations - Opportunity to be heard in relation to suspensions - No disadvantage - ARREARS OF HOLIDAY PAY - Payment for annual leave and statutory holidays due and owing - Massage parlour manager" |
| Result | Application dismissed ; Arrears of holiday pay (Quantum to be determined by parties) ; Costs reserved |
| Statutes | Human Rights Act 1993 s2;Human Rights Act 1993 s22 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Auckland etc Shop Employees' etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 ; [1985] 2 NZLR 372;Berry v Manor Inn (1980) 1 CHRR D/152;NID Distribution Workers etc IUOW v Foodtown Supermarkets Ltd [1988] NZILR 588;Proceedings Commissioner v Howell [1993] 2 ERNZ 130 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |