| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 107 |
| Hearing date | 22-Feb-17 |
| Determination date | 10 April 2017 |
| Member | R Larmer |
| Representation | R Brown ; N Koreneff |
| Location | Rotorua |
| Parties | Bangs v Sue Johnstone t/a Grant Johnstone Nissan Suzuki |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – Service Technician |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Authority ordered non-publication of applicant’s family medical information. Applicant subject to unjustified warnings regarding amount of sick leave taken. Respondent told applicant if he had any more time off she would be forced to dismiss him without providing reference. Respondent asked applicant to resign . Applicant established on balance of probability that resignation was not voluntary. Applicant constructively dismissed. Dismissal unjustified. REDEMIES: No contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $15,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($15,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A) ; ERA s103A(3) ; ERA s124 ; ERA s128(3) |
| Cases Cited | Bangs v Sue Johnstone t/a Grant Johnstone Nissan Suzuki [2017] NZERA Auckland 70 |
| Number of Pages | 20 |
| PDF File Link: | 2017_NZERA_Auckland_107.pdf [pdf 285 KB] |