| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 109 |
| Hearing date | 10-Apr-17 |
| Determination date | 10 April 2017 |
| Member | A Fitzgibbon |
| Representation | O Christeller ; no appearance |
| Location | Auckland |
| Parties | Kiss v Yeoman Inductries Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – No appearance for respondent – General Engineer / Line Setter |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL:Manager acted in an abusive and aggressive manner towards the applicant. Abuse amounted to a serious breach of the employment agreement. Applicant isolated and treated badly by colleagues. Environment no longer safe for applicant to work in. Respondent’s behaviour and conduct designed to force applicant’s resignation. Applicant constructively dismissed. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant $42,501 reimbursement of lost wages. $17,000 compensation appropriate. |
| Result | Application granted ; Reimbursement lost wages ($42,501) ; Compensation for humiliation etc ($17,000); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s128(1) ; ERA s128(3) |
| Number of Pages | 9 |
| PDF File Link: | 2017_NZERA_Auckland_109.pdf [pdf 109 KB] |