| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 370 |
| Hearing date | 21 Aug 2017 - 22 Aug 2017 (2 days) |
| Determination date | 30 November 2017 |
| Member | T Tetitaha |
| Representation | J Rushton ; D France, J MacGibbon |
| Location | Hamilton |
| Parties | Messick v The Vice Chancellor of The University of Waikato |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – University Professional Supervisor |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant did not resign. Respondent dismissed applicant. No constructive dismissal. Applicant’s email over concerns of taking on more sessions did not warrant dismissal. Fair and reasonable employer would not have accepted applicants email as a resignation without notice. Ill health of applicant mitigated losses. Dismissal unjustified. REMEDIES: No contributory conduct. Respondent to pay applicant three months’ salary less PAYE. $20,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($20,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s123(b);ERA s124;ERA s128;ERA s160(3) |
| Cases Cited | Carter Holt Harvey Ltd v Yukich [2005] ERNZ 300 (CA);Gilbert v Attorney-General [2000] 1 ERNZ 332 (EmpC);Lewis v Howick College Board of Trustees [2010] NZEmpC 4;Messick v The Vice Chancellor of the University of Waikato [2017] NZERA Auckland 6;Stormont v Peddle Thorp Aitken Ltd [2017] NZEmpC 71 |
| Number of Pages | 12 |
| PDF File Link: | 2017_NZERA_Auckland_370.pdf [pdf 123 KB] |