| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 16 |
| Hearing date | 12-Jan-16 |
| Determination date | 13 January 2016 |
| Member | Eleanor Robinson |
| Representation | J Stephenson ; G Bingham |
| Location | Tauranga |
| Parties | Rahiri v Bay of Plenty District Health Board |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent Whether applicant permanent or casual employee – COSTS – Applicant sought contribution towards costs – Applicant legally aided – Health care assistant |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant had regular working pattern. Parties had mutual expectation of continued employment. Applicant permanent part-time employee. Respondent failed to provide applicant with information about complaint. Applicant not provided with fair opportunity to respond to allegations made. Respondent’s actions breached good faith obligations. Reasonably foreseeable applicant would resign due to loss of trust and confidence. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant two weeks’ reimbursement of lost wages, quantum to be determined. $7,500 compensation for humiliation etc appropriate.;COSTS: Less than one day investigation meeting. But for legal aid, respondent would have paid $1,900 contribution towards costs. |
| Result | Applications granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($7,500) ; But for legal aid, costs would be in favour of applicant ($1,900) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A);ERA s6;ERA s123(1)(c)(i);ERA s124;ERA Schedule 1B cl2;ERA Schedule 1B cl4;ERA Schedule 1B cl4(2)(b);Holidays Act 2003 s28(1)(ii);Legal Services Act 2011 s45;Legal Services Act 2011 s46 |
| Cases Cited | Jinkinson v Oceana Gold (NZ) Ltd [2009] ERNZ 225 (EmpC);Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985 2 NZLR 372 (CA);Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 2 NZLR 415 (CA), [1994] 1 ERNZ 168;Wellington, Taranaki and Malborough Clerical IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) [1983] ACJ 965 (AC) |
| Number of Pages | 18 |
| PDF File Link: | 2016_NZERA_Auckland_16.pdf [pdf 242 KB] |