| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 71 |
| Hearing date | 26-Feb-16 |
| Determination date | 03 June 2016 |
| Member | Christine Hickey |
| Representation | R Thompson ; A Sharma |
| Location | Greymouth |
| Parties | Row v West Ventures Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by text – Applicant claimed constructively dismissed by respondent – Farm assistant |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL: Respondent’s threat of summary dismissal text not action of fair and reasonable employer. Breach of process more than minor. Reasonable for applicant to assume summarily dismissed. Applicant unjustifiably disadvantaged by text. No basic fair process followed before decision to dismiss. Respondent’s breaches so serious reasonably foreseeable applicant would resign. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: Applicant knowingly took unentitled leave. 43 per cent contributory conduct. $4,000 compensation for humiliation etc appropriate. |
| Result | Applications granted ; Contributory conduct (43%) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s103A(4);ERA s103A(5);ERA s122;ERA s123(1)(c)(i);ERA s124;ERA s131;ERA s132 |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA) |
| Number of Pages | 17 |
| PDF File Link: | 2016_NZERA_Christchurch_71.pdf [pdf 283 KB] |