| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 97 |
| Hearing date | 31-Mar-16 |
| Determination date | 27 June 2016 |
| Member | Peter van Keulen |
| Representation | C Gordon ; L Penno |
| Location | Christchurch |
| Parties | Hauraki-Tumu v North Canterbury Distributors (2003) Ltd |
| Summary | UNJUSTIFIED DISADVANATGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably disadvantaged by respondent’s failure to provide information to Accident Compensation Corporation (“ACC”) and removal of applicant’s permanent role when applicant suffered injury - Applicant claimed unjustifiably dismissed by respondent - Driver |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISADVANATGE - UNJUSTIFIED DISMISSAL: Only one incident of respondent submitting information to ACC late which was remedied. Confusion about payment of holiday pay to supplement ACC payments also remedied. Payments from ACC not condition of applicant’s employment. Respondent made genuine mistake. No unjustified disadvantage for respondent’s failure to provide ACC information. Applicant unjustifiably disadvantaged by respondent’s unilateral removal of applicant’s full time role. Respondent did not permanently send away applicant but left her with option of agreeing to part time role. No actual dismissal. Respondent breached good faith by removing applicant’s role without consultation. Resignation foreseeable as result of breach. Letter of resignation equivocal as to reasons for resignation. Applicant affirmed employment agreement. Applicant did not resign in response to breach. No constructive dismissal. REMEDIES: No contributory conduct. $5,000 compensation appropriate. |
| Result | Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($5,000) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 - ERA s4(1A) - ERA s103(1)(b) - ERA s103A - ERA s103A(2) - ERA s114(1) - ERA s122 - ERA s124 - ERA s157 - ERA s160(3) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers Industrial Union Of Workers (Inc) [1994] 2 NZLR 415 (CA);Auckland Regional Council v Sanson [1999] 2 ERNZ 597 (CA);Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);Goodfellow v Building Connexion Ltd [2010] NZEmpC 82;New Zealand Cards Ltd v Ramsay [2012] NZEmpC 51;Premier Events Group Ltd v Beattie [2014] NZEmpC 231, [2014] ERNZ 360;Tropotova v OCS Ltd ERA Christchurch CA157/10, 6 August 2010;Wellington, Taranaki and Marlborough Clerical IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95 (AC) |
| Number of Pages | 22 |
| PDF File Link: | 2016_NZERA_Christchurch_97.pdf [pdf 290 KB] |