| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 103 |
| Hearing date | 7-Jun-17 |
| Determination date | 28 June 2017 |
| Member | H Doyle |
| Representation | W Christie ; P Tucker |
| Location | Christchurch |
| Parties | McGrath v A2Z Auto Dismantlers Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - PENALTY - Applicant sought penalty for respondent’s failure to provide employment agreement |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: In context of heated exchange neither applicant nor respondent intended to end employment relationship. After heated exchange respondent attempted to contact applicant and asked applicant to return to work. Respondent took appropriate steps to get employment relationship back on track. Applicant resigned when he said he would not return to work. No dismissal.;PENALTY: Respondent failed to provide applicant with copy of written employment agreement at outset of employment. $700 penalty appropriate. |
| Result | Application granted (penalty) ; Penalty ($700)(applicant) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s63A(2) ; ERA s63A(2)(a) ; ERA s63A(2)(d) ; ERA s64 ; ERA s135 ; ERA s136 |
| Number of Pages | 10 |
| PDF File Link: | 2017_NZERA_Christchurch_103.pdf [pdf 185 KB] |