| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 31 |
| Hearing date | 20 & 21 Jan 2016 (2 days) |
| Determination date | 15 March 2016 |
| Member | David Appleton |
| Representation | P Tucker ; C Pidduck |
| Location | Christchurch |
| Parties | Vaszilyko v South Pacific Meats Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent - ARREARS OF WAGES – Applicant sought arrears of wages – Supervisor |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Respondent unjustifiably failed to advise applicant of extension of trial as supervisor, failed to consult with applicant about removing responsibility for chillers and failed to consult with applicant before deciding that others would work in applicant’s department. Respondent unjustifiably took away applicant’s supervisor position without consultation or following fair performance improvement process. Respondent’s actions repudiatory breach of contract and causative of applicant’s resignation. Resignation reasonably foreseeable. Applicant did not affirm breaches. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $14,300 reimbursement of lost wages. $12,000 compensation appropriate.ARREARS OF WAGES: Applicant contractually entitled to overtime and attendance payments. Applicant did not waive contractual right to receive such payments. Respondent to pay applicant arrears of wages, quantum to be determined. |
| Result | Applications granted ; Reimbursement of lost wages ($14,300) ; Compensation for humiliation ($12,000) ; Arrears of wages (quantum to be determined) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 ; ERA s4(1A)(b) ; ERA s65(2)(a)(ii) ; ERA s103A ; ERA s124 ; ERA s128 |
| Cases Cited | Cantor Fitzgerald International v Callaghan[1999] All ER 41, [1999] ICR 639 ; Premier Events Group Ltd v Beattie [2014] NZEmpC 231; Rodkiss v Carter Holt Harvey Ltd [2015] NZEmpC 34 ; WE Cox Turner (International) Ltd v Crook [1981] ICR 823 (EAT) |
| Number of Pages | 34 |
| PDF File Link: | 2016_NZERA_Christchurch_31.pdf [pdf 374 KB] |