| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 159 |
| Hearing date | 04-Aug-15 |
| Determination date | 23 October 2015 |
| Member | Helen Doyle |
| Representation | P de Wattignar ; S Claver |
| Location | Dunedin |
| Parties | Jansen v D.R. & D.M. McKenzie Family Trust |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Whether applicant casual employee - Cow milker and calf rearer |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant worked regular hours and days, and had expectation that work would be ongoing and predictable. Applicant could not have turned down work. Applicant permanent employee. Respondent could not reasonably rely on applicant’s resignation, as respondent suggested resignation and applicant obviously very upset. Respondent dismissed applicant. Respondent did not raise concerns or allegations with applicant before dismissing her, and did not give applicant opportunity to respond and have explanations considered. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $12,263 reimbursement of lost wages. $8,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($12,253.93) ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3)(a);ERA s103A(3)(b);ERA s103A(3)(c);ERA s103A(3)(d);ERA s128(3) |
| Cases Cited | Boobyer v Good Health Wanganui Ltd EmpC Wellington WEC3/94, 24 February 1994 |
| Number of Pages | 14 |
| PDF File Link: | 2015_NZERA_Christchurch_159.pdf [pdf 187 KB] |