| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 234 |
| Hearing date | 1-Aug-17 |
| Determination date | 01 August 2017 |
| Member | T Tetitaha |
| Representation | RM Kinimonth (in person) ; M McGoldrick |
| Location | Auckland |
| Parties | Kininmonth v The New Zealand Property Market Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged by respondent’s mismanaging of applicant’s taxes – Real Estate Salesperson |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE: Serious breaches meant resignation was possibility but not reasonably foreseeable. No constructive dismissal. Applicant was unjustifiably disadvantaged by respondent’s mismanagement of her taxes. REMEDIES: No contributory conduct. $15,000 compensation appropriate. |
| Result | Application granted (unjustified disadvantage) ; No contributory conduct ; Compensation for humiliation etc ($15,000) ; Application dismissed (unjustified dismissal) ; Costs reserved. |
| Main Category | Personal Grievance |
| Statutes | Accident Compensation Act 2001 s168 ; Accident Compensation Act 2001 s251 ; ERA s103A ; ERA s103A(2) ; ERA s103A(3) ; ERA s103A(4) ; ERA s123(c)(i) ; Income Tax Act 2007 sRD4 ; KiwiSaver Act 2006 s66 ; KiwiSaver Act 2006 s101B |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] NZEmpC 160;Auckland Shop Employees Union v Woolworths (NZ) Ltd [1985] 2 NZLR 372 (CA);Auckland Electric Power Board v Auckland Provincial Local Autorities Officers IUOW Inc [1994] 2 NZLR 415, [1994] 1 ERNZ 168 (CA);Black v Yankee Bourbon Company Ltd [2017] NZERA Christchurch 10;Clark v Northland Polytechnic Council [1999] 1 ERNZ 270 (EmpC);Hartstone v Enviro Scientific Group Ltd [2017] NZERA Auckland 41;Singh v Corporate Energy Ltd (in Liquidation) [2017] NZERA Auckland 39 |
| Number of Pages | 12 |
| PDF File Link: | 2017_NZERA_Auckland_234_amended.pdf [pdf 261 KB] |