| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 398 |
| Hearing date | 21-Nov-17 |
| Determination date | 22 December 2017 |
| Member | E Robinson |
| Representation | N Tabb ; I Davidson |
| Location | Auckland |
| Parties | Enright v Fire Protection Inspection Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged during prospective sale process – Finance and Administration Manager |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE: Respondent did not dismiss applicant. Applicant was expected to return to work after period of sick leave. Applicant voluntarily resigned from employment. No action on part of respondent was intended to make applicant resign. Respondent had a duty to make applicant aware that there would be a period of ongoing employment regardless of whether sale of business went ahead. Employer failed to make inquiries into applicant’s well-being. Respondent in breach of good faith and applicant was unjustifiably disadvantaged by respondent. REMEDIES: 40 per cent contributory conduct. $2,500 compensation appropriate. |
| Result | Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($2,500) ; Application dismissed (unjustified dismissal) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(b);ERA s124 |
| Cases Cited | Stiffe v Wilson & Horton Ltd Auckland AC94/00, 5th December 2000 (EmpC);Wellington Road Transport etc IUOW v Greenwich (1983) ERNZ Sel Cas 95 [1983] ACJ 965 |
| Number of Pages | 15 |
| PDF File Link: | 2017_NZERA_Auckland_398.pdf [pdf 211 KB] |