| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 129 |
| Hearing date | 29-Jun-15 |
| Determination date | 08 September 2015 |
| Member | James Crichton |
| Representation | P van Keulen ; R Nabney |
| Location | Christchurch |
| Parties | Methven v Bikes International Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Respondent claimed applicant resigned - Applicant occupied original role and new trial role - Whether applicant resigned from both roles - Bicycle company area manager |
| Abstract | AUTHORITY FOUND -UNJUSTIFIED DISMISSAL: Applicant resigned from new trial role only. Offer to resign conditional on respondent requiring one person to fill both roles. Respondent accepted resignation offer without conditions being met. Respondent seized on words not intended to create a resignation. Obvious to impartial observer that applicant’s words uttered without any intention they be relied on. Alternatively, applicant’s putative resignation was withdrawn before it could be accepted. Applicant dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. $4,500 compensation appropriate for loss of bonuses. $4,500 compensation for loss of use of company car and bike benefit appropriate. $10,000 compensation appropriate. |
| Result | Application granted ; Compensation for loss of bonuses ($4,500) ; Compensation for loss of benefit ($4,500)(use of company car and bike) ; Compensation for humiliation etc ($10,000) ; Disbursements in favour of applicant $71.56(filing fee) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA - ERA s 128(2) - ERA s128(3) |
| Cases Cited | Boobyer v Good Health Wanganui Ltd EmpC Wellington WEC3/94, 24 February 1994Goodfellow v Building Connexion Ltd [2010] NZEmpC 82Rack v Salters Cartage Ltd EmpC Auckland AC7/02, 20 February 2002Taylor v Milburn Lime Ltd [2011] NZEmpC 164Telecom New Zealand Ltd v Nutter [2004] 1 ERNZ 31 (CA) |
| Number of Pages | 14 |
| PDF File Link: | 2015_NZERA_Christchurch_129.pdf [pdf 183 KB] |