| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 168/04 |
| Hearing date | 9 Feb 2004 |
| Determination date | 13 May 2004 |
| Member | J Scott |
| Representation | M Young ; MC Black |
| Location | Auckland |
| Parties | Jackson v Moyes Motor Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - On fifth day of employment respondent received information from police about applicant which alarmed respondent's director - Formed view that applicant unlikely to gain approval of Motor Vehicle Dealers Institute (MVDI") as required for work - At meeting given choice of resignation or dismissal - Letter from MVDI and discussion where applicant told MVDI did not approve him were contrivances to secure applicant's departure - No investigation carried out to satisfy respondent there were justifiable grounds for dismissal - Dismissal unjustified - Remedies - Short period of employment - After first month of employment was to be remunerated by commission only - Applicant succumbed to serious psychiatric illness two weeks after termination and unavailable for work - Reimbursement of 1 month's wages - Very harsh dismissal - Respondent's conduct not significant cause of breakdown in health - Respondent could have reduced exposure to any risk posed by applicant by careful reference checking - No reduction for contribution - Trainee Sales Representative" |
| Result | Application granted ; Reimbursement of lost wages ($2,083.33) ; Arrears of wages (5 days' work and commission) ; Arrears of holiday pay (6 percent) ; Loss of benefit (use of pool car) ($750) ; Compensation for humiliation, etc ($4,000) ; Costs reserved |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372;NZ Amalgamated Engineering etc IUOW v Ritchies Transport Holdings Ltd [1991] 2 ERNZ 267 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |