| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 314/03 |
| Hearing date | 4 Sep 2003 |
| Determination date | 20 October 2003 |
| Member | K Raureti |
| Representation | I McIntosh, A Topham ; D Duke |
| Location | Auckland |
| Parties | Mathieson v Regal Marine Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged unilateral reduction of hourly rate - Alleged failure to pay Christmas bonus - Hourly rate initially reduced as applicant did not have work permit or IRD number - Hourly rate remained after IRD number and permit gained - Rate reduced due to poor performance - Applicant affirmed reduction by continuing to work at reduced rate - Other conduct insufficient to amount to repudiatory breach - Resigned due to overall dissatisfaction - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - Manner of unilateral reduction of hourly rate amounted to unjustified disadvantage - Failure to afford opportunity to pursue main area of expertise - Refusal to provide performance improvement plan - Unjustified disadvantage established - Marine cabinet maker/boat builder |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($1,080) ; Costs reserved |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |