| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 263 |
| Hearing date | 11-Aug-17 |
| Determination date | 01 September 2017 |
| Member | Rachel Larmer |
| Representation | R Samuels ; G Pollak |
| Location | Auckland |
| Parties | Shaw v Point Property and Portfolio Management Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s handling of her resignation – Property Portfolio Manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: Applicant unjustifiably disadvantaged by respondent’s failure to discuss its view of resignation letter preventing her chance to correct its misinterpretation. Applicant further disadvantaged by respondent not addressing pay in lieu notice issue. Respondent breached duty of good faith by making an adverse decision against applicant. Respondent did not provide applicant with information relevant to adverse decision to her ongoing employment. Applicant had no opportunity to be heard. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay $1,614 applicant reimbursement of lost wages. $3,500 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($1,614.20) ; Compensation for humiliation etc ($3,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A);ERA s103A;ERA s103A(2);ERA s103A(3);ERA s128(2) |
| Number of Pages | 10 |
| PDF File Link: | 2017_NZERA_Auckland_263.pdf [pdf 165 KB] |