| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 105 |
| Hearing date | 28 to 30 Nov and 19 & 20 Dec 2016 (5 days) |
| Determination date | 12 October 2017 |
| Member | M Loftus |
| Representation | D Organ ; N Gray |
| Location | Napier |
| Parties | Rodionov v Ozone Technologies Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged by respondent misappropriating his personal property and failing to conduct a fair disciplinary process – COUNTERCLAIM – BREACH OF CONTRACT – Respondent sought damages for loss resulting from breach of employment agreement – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – PENALTY – Applicant sought penalty for delayed payment of wages deduction from pay – Water and Wastewater Scientist Expert |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE: Applicant’s departure from respondent company was decided before alleged actions of respondent. Implausible that applicant would reject new job offer. Applicant’s employment effectively over at his own volition. No constructive dismissal. Applicant’s evidence misleading. Minimal evidence of harm. No unjustified disadvantage. COUNTERCLAIM – BREACH OF CONTRACT: No certainty as to what applicant’s original employment agreement contained. Respondent did not have evidence to estimate it's loss. No damages.ARREARS OF WAGES AND HOLIDAY PAY: Lack of evidence from applicant and considerable counter evidence of respondent. Evidence supported no remaining wages to be paid. No arrears of wages and holiday pay. PENALTY: Some tardiness over payment of applicant's final wage. Issue over owing amounts ultimately resolved. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s174C(3);ERA s174C(4);ERA s174E(b)(ii) |
| Cases Cited | Alatipi v Chief Executive of the Department of Corrections [2015] NZEmpC 7;Edwards v Board of Trustees of Bay of Islands College [2015] NZEmpC 6;Lawless v Comvita New Zealand Ltd [2005] ERNZ 861 (EmpC);Wellington, Taranaki and Marlborough Clerical IUOW v Greenwich (t/a Greenwich and Associates Employment Agency and Complete Fitness Centre) (1983) ERNZ Sel Cas 95; [1983] ACJ 965 (AC);Weston v Advkit Para Legal Services Ltd [2010] NZEmpC 140;Z v Y Ltd and A [1993] 2 ERNZ 469 (EmpC) |
| Number of Pages | 12 |
| PDF File Link: | 2017_NZERA_Wellington_105.pdf [pdf 187 KB] |