| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 28 |
| Hearing date | 3-Dec-15 |
| Determination date | 03 March 2016 |
| Member | Michael Loftus |
| Representation | P McBride ; no appearance |
| Location | Wellington |
| Parties | Crichton v TD Drilling 2014 Ltd and Anor |
| Other Parties | TD Drilling Ltd |
| Summary | PRACTICE AND PROCEDURE – Identity of employer – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by warnings, unsafe workplace, lack of good faith – Applicant claimed constructively dismissed by respondent – No appearance for respondent – Digger operator |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: First and second respondents’ personnel and offices identical. Respondents both identified in employment agreement. Respondents held jointly and severally liable for awards.;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Applicant unjustifiably disadvantaged by unjustified warnings, unsafe workplace, and breach of good faith. Respondent identifying applicant as person who complained about colleagues using drugs lead to potentially unsafe situation. Respondent’s failure to address applicant’s safety concerns serious breach of duty to provide safe workplace. Reasonably foreseeable applicant would resign. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $11,115 reimbursement lost wages. $12,000 compensation for humiliation etc appropriate. |
| Result | Applications granted ; Reimbursement of lost wages ($11,115) ; Compensation for humiliation etc ($12,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s123(1)(c)(i);ERA s124;ERA s128;HSE s6 |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);Z v Y Ltd and A [1993] 2 ERNZ 469 (EmpC);Weston v Advkit Para Legal Services Ltd [2010] NZEmpC 140;Auckland Provincial IUW v Auckland Electric Power Board [1992] 1 ERNZ 87 (EmpC) |
| Number of Pages | 10 |
| PDF File Link: | 2016_NZERA_Wellington_28.pdf [pdf 175 KB] |