| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 475 |
| Hearing date | 27 - 28 Oct 2015 (2 days) |
| Determination date | 23 December 2015 |
| Member | Tania Tetitaha |
| Representation | D James ; R Mark |
| Location | Kaitaia |
| Parties | Renata v Walker |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – PENALTY – GOOD FAITH - Applicant sought penalty for breach of employment agreement (“EA”) and breach of duty of good faith – Receptionist |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Respondent not legally required to grant applicant sick leave in advance. Respondent unaware of seriousness of applicant’s family situation, so did not intend to appear disinterested. Respondent’s behaviour regarding mediation equivocal. Respondent did not refuse applicant pay rise with intention of causing applicant’s resignation. Respondent did not embark on deliberate path with intention of forcing applicant to resign. Applicant resigned of own accord. No dismissal.;PENALTY: No proof that respondent conducted itself so as to cause employee’s resignation. No breach of EA. Respondent unresponsive on some issues concerning applicant, but not to extent that breached good faith. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(b);Holidays Act 2003;Holidays Act 2003 s6(3) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers Industrial Union of Workers Inc [1994] 2 NZLR 415 (CA);Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA) ; Tan v Yang [2014] NZEmpC 65;Wellington, Taranaki and Marlborough Clerical Administration and Related Workers IUOW v Greenwich t/a Becket Employment [1983] ACJ 965 (AC) |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Auckland_475.pdf [pdf 235 KB] |