| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 23 |
| Hearing date | 20-Oct-16 |
| Determination date | 08 February 2017 |
| Member | C Hickey |
| Representation | L Ryder, G Milne ; G Drewitt |
| Location | Christchurch |
| Parties | Whaiapu v P & W Painters Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Brush hand |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: Respondent did not take applicant’s concerns about treatment by colleague seriously. Fair and reasonable employer would have investigated after applicant’s complaints and taken appropriate action. Reasonable that applicant believe that nothing would come of further complaints. Fair and reasonable employer should not have taken applicant’s resignation at face value without allowing cooling off period. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $9,360 reimbursement of lost wages. Interest payable. $12,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($9,360) ; Interest (5%) ; Compensation for humiliation etc ($12,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s174C(3) ; ERA s174C(4) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers Industrial Union of Workers Inc [1994] 2 NZLR 415 (CA) ; Auckland Shop Employees IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA) ; Boobyer v Good Health Wanganui Ltd EmpC Wellington WEC3/94, 24 February 1994 ; Commissioner of Police v Hawkins [2009] NZCA 209, [2009] 3 NZLR 381 ; D v E Ltd [2013] NZERA Auckland 338 ; Kostic v Dodd EmpC Christchurch CC14/07, 11 July 2007 ; Lewis v World Motor Services Ltd [1986] ICR 157 (CA) ; Ramkisson v Commissioner of New Zealand Police [2013] NZEmpC 147 ; Review Publishing Co Ltd v Walker [1996] 2 ERNZ 407 (EmpC) ; Weston v Advkit Para Legal Services Ltd [2010] NZEmpC 140 |
| Number of Pages | 25 |
| PDF File Link: | 2017_NZERA_Christchurch_23.pdf [pdf 263 KB] |