| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 279/03 |
| Hearing date | 14 Aug 2003 |
| Determination date | 11 September 2003 |
| Member | K Raureti |
| Representation | B Forrest ; B Foote |
| Location | Auckland |
| Parties | Smith v C R Soanes Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Scope of employment - Worked as driver but did not have correct driver's license - Moved to factory work - Respondent alleged move because applicant unreliable - License issue not sole reason for moving applicant to factory work - Absenteeism and lack of punctuality - Verbal and written warnings given - Unhappy with being moved to factory work - Resigned - Whether employed solely as driver - Employed predominately as driver but other duties could be required of him if no driving work available - Punitive action adopted by respondent unilateral variation of terms and conditions of employment - Constructive dismissal - Contributory conduct 40% - Failure to provide written employment agreement - General labourer/driver/factory worker |
| Result | Application granted ; Reimbursement of lost wages ($3,606.40 reduced to $2,163.84) ; Compensation for humiliation etc ($1,800) ; Costs reserved |
| Statutes | ERA s5;ERA s64(2);ERA s65(2) |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;NZ Woollen Workers IUOW v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438;Wellington Clerical Workers' IUOW v Barraud & Abraham Ltd [1970] 70 BA 347;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965;Western Excavating (ECC) Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |