| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 52 |
| Hearing date | 29 Feb & 1 Mar 2016 (2 days) |
| Determination date | 26 April 2016 |
| Member | David Appleton |
| Representation | S Boele, L Taylor ; G Ballara |
| Location | Timaru |
| Parties | MacKay v Spotless Facility Services (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Order for non-publication of names of respondent’s staff. Respondent potentially failed in duty to investigate applicant’s complaints, but applicant unaware of this so could not have led to resignation. Applicant did not affirm breaches by asking to put resignation on hold because applicant was asking for urgent resolution to concerns. Respondent failed in duty of good faith by not investigating further complaints or advising applicant that would do so. Failure to do so significantly causative of applicant’s resignation. Reasonably foreseeable that applicant would resign. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $8,001 reimbursement of lost wages. $7,500 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($8,001.70) ; Compensation for humiliation etc ($7,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A;ERA s124;ERA s128;Health and Safety in Employment Act 1992 |
| 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) |
| Number of Pages | 24 |
| PDF File Link: | 2016_NZERA_Christchurch_52.pdf [pdf 314 KB] |