| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 411 |
| Hearing date | 13-Dec-16 |
| Determination date | 15 December 2016 |
| Member | A Fitzgibbon |
| Representation | D martin (in person) ; J Paul |
| Location | Auckland |
| Parties | Martin v Waiheke Movers and Freight Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – RECOVERY OF MONIES – Applicant sought recovery of work-related expenses - Driver |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Applicant did not show that choice given between resigning or dismissal, respondent followed course of conduct to coerce applicant to resign or respondent breached duty in way that caused applicant to resign. Applicant resigned of own volition. No dismissal.ARREARS OF WAGES AND HOLIDAY PAY: Respondent did not pay applicant some wages and holiday pay owing on termination of employment. Respondent to pay applicant $2,241 arrears of wages and $558 arrears of holiday pay.RECOVERY OF MONIES: Applicant entitled under employment agreement to be reimbursed for reasonable expenses. Some expenses claimed not reasonable. Respondent to pay applicant $2,773 recovery of monies. |
| Result | Applications granted (arrears of wages and holiday pay)(recovery of monies) ; Arrears of wages ($2,241.34) ; Arrears of holiday pay ($558.34) ; Recovery of monies ($2,773.91) ; No order for costs |
| Main Category | Personal Grievance |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA) |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Auckland_411.pdf [pdf 168 KB] |