| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 81/01 |
| Determination date | 06 July 2001 |
| Member | WRC Gardiner |
| Representation | T Kurta ; S Grey |
| Location | Auckland |
| Parties | Chrystall v Native Design International Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether resignation or dismissal - Alleged breach of terms and conditions of employment - Failed to pay wages when due and owing - Onus of proof on grievant to prove dismissal - Failure to pay wages was breach of duty - No evidence of bad faith - Whether left due to breach or for disaffection for other reasons - Breach of duty was reason for resignation - Breach was result of insufficient funds not a temporary glitch - Failure to pay was serious breach and substantial risk of resignation was reasonably foreseeable - No justification for dismissal - Brief period of employment and failure to mitigate loss reduced remedies - COSTS - ï¾½ day investigation meeting - Reasonable contribution appropriate |
| Result | Application granted ; Compensation for humiliation etc ($1,500) ; Costs in favour of applicant ($750) |
| Statutes | ECA s124 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers Union [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;Coca-Cola Amatil (NZ) Ltd v Kaczorowski [1998] 1 ERNZ 264;Holley v Country Foods NZ Ltd unreported, Goddard CJ, 24 April 1996, WEC 20/96;MacMillan v Hickey's Pharmacy Ltd [1999] 1 ERNZ 837;Northern Clerical etc Union v Emery Customs Brokers NZ Ltd [1990] 1 NZILR 634;NZ Woollen Workers' Union v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438;Wellington etc Clerical Workers' Union v Barraud & Abraham Ltd [1970] 70 BA 347;Wellington etc Clerical Workers' Union v Greenwich [1983] ACJ 965;Western Excavating Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 10 |
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