| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 72 |
| Hearing date | 12 & 13 Apr 2016 (2 days) |
| Determination date | 03 June 2016 |
| Member | David Appleton |
| Representation | P Tucker ; A Oberndorfer |
| Location | Christchurch |
| Parties | Garcia v CFJ Construction Pty Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - ARREARS OF WAGES - Applicant sought arrears of wages |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Demotion was procedurally unfair. Demotion breach of contract, good faith and trust and confidence. Breach amounted to repudiation of employment agreement. Applicant was ignorant of legal options available to him. Applicant did not affirm breach. Alternatively, further disciplinary letter amounted to repudiation and resignation foreseeable. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $5,774 for reimbursement of lost wages. $20,000 compensation appropriate.;ARREARS OF WAGES: Applicant owed arrears for unpaid attendance at disciplinary meetings. Respondent to pay applicant $128 arrears of wages. |
| Result | Applications granted ; Reimbursement of lost wages ($5,774.36) ; Compensation for humiliation etc ($20,000) ; Arrears of wages ($128) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA s128 |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers Industrial Union Of Workers (Inc) [1994] 2 NZLR 415 (CA);Hall v Dionex Pty Ltd [2015] NZEmpC 29;Premier Events Group Ltd v Beattie [2014] NZEmpC 231, [2014] ERNZ 360;WE Cox Toner (International) Ltd v Crook [1981] ICR 823 (EAT) |
| Number of Pages | 27 |
| PDF File Link: | 2016_NZERA_Christchurch_72.pdf [pdf 435 KB] |