| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 26 |
| Hearing date | 31-Jan-17 |
| Determination date | 31 January 2017 |
| Member | A Fitzgibbon |
| Representation | R Tretheway ; no appearance |
| Location | Gisborne |
| Parties | Cranswick v Chevelle Motors Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay - COSTS - Applicant sought contribution towards costs - No appearance for respondent - Office Administrator |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant’s resignation foreseeable consequence of respondent’s behaviour. Respondent did not act fairly or reasonably towards applicant. Applicant constructively dismissed. REMEDIES: No contributory conduct. Respondent to pay applicant $7,752 reimbursement of lost wages. $4,000 compensation appropriate.;ARREARS OF HOLIDAY PAY: Respondent to pay applicant $841 arrears of holiday pay.;COSTS: Less than one day investigation meeting. Appropriate to apply daily tariff. Respondent to pay applicant $650 contribution towards costs. |
| Result | Applications granted ; Reimbursement of lost wages ($7,752) ; Compensation for humiliation etc ($4,000) ; Arrears of holiday pay ($841.70) ; Costs in favour of applicant ($650) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA s123(1)(c)(i) - ERA s124 - ERA s128 - ERA s174 |
| Number of Pages | 5 |
| PDF File Link: | 2017_NZERA_Auckland_26.pdf [pdf 100 KB] |