| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 153/04 |
| Hearing date | 24 Nov 2003 - 25 Nov 2003 (2 days) |
| Determination date | 29 April 2004 |
| Member | M Urlich |
| Representation | S Swan ; P Teei |
| Location | Auckland |
| Parties | Weffer v New Zealand College of Sport And Education Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether constructive dismissal or abandonment of employment - Applicant recruited from overseas - Whether respondent agreed to pay for accommodation - Applicant had concerns with state of accommodation - Given $1,200 for furniture - Payment not advance on salary - Applicant alleged respondent misrepresented nature of respondent and applicant's position - Applicant paid by crossed cheque - Said would not work until paid - Respondent subsequently attempted to set up meetings to discuss issues - When applicant failed to attend meeting asserted applicant abandoned employment - Payment by crossed cheque on day wages fell due not payment in terms of employment agreement - Applicant entitled to wages on day fell due - Applicant made reasonable efforts to determine why paid by crossed cheque - Not unreasonable for applicant to form view respondent did not intend to be bound by agreement - Constructive dismissal - ARREARS OF HOLIDAY PAY - Understood matter resolved - If mistaken applicant had leave to raise matter within 14 days - PENALTY - Penalty raised out of time and claim could not proceed - Professional tennis coach |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined)(4 months) ; Compensation for humiliation etc ($3,000) ; Costs reserved |
| Statutes | ERA s135;ERA s135(2)(b);ERA s135(5) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168;Martin v Browning and Van Dyk [2003] 2 ERNZ 416;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 13 |
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