| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 55/04 |
| Hearing date | 15 Oct 2003 - 16 Oct 2003 (2 days) |
| Determination date | 16 February 2004 |
| Member | M Urlich |
| Representation | C Kimpton, A Denton ; P Tremewan |
| Location | Auckland |
| Parties | Aitken v New Zealand Institute of Fashion Technology |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Employment agreement included yearly recruitment bonus calculated per student per programme - Refused bonus based on calculation of students remaining in programme after 1 month - Acrimonious performance appraisal meeting - Non-attendance at work due to illness - Threatened disciplinary action based on alleged abandonment of employment - Refusal to postpone further appraisal meeting to allow for support person's attendance - Resignation after meeting where respondent refused to discuss employment relationship problem - No evidence recruitment should have been given other than plain meaning - Serious breaches in failing to pay bonus, failure to resolve threat of disciplinary action, reaction to request to postpone meeting and refusing to discuss employment relationship problem - Constructive dismissal - Remedies - Medical expenses incurred because of stress related symptoms not monies lost as consequence of grievance - COMPLIANCE ORDER - Arrears of wages and holiday pay - Bonus payments due and owing - Holiday pay calculated on bonus - 8 percent interest - Marketing and recruitment leader |
| Result | Application granted ; Reimbursement of lost wages (3 months) ; Compensation for humiliation etc ($8,000) ; Compliance order granted ; Costs reserved |
| Statutes | ERA s137 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IOW (Inc) [1994] 1 ERNZ 168;Flight Attendants and Related Services (NZ) Assn v Air NZ Ltd (No 3) [1991] 2 ERNZ 835;Ruapehu District Council v Northern Local Government Officers Union unreported, Castle J, 16 November 1992, WEC 54/92;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 11 |
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