| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 174/04 |
| Hearing date | 12 May 2004 |
| Determination date | 14 May 2004 |
| Member | K J Anderson |
| Representation | T Oldfield ; No appearance |
| Location | Auckland |
| Parties | Channing v Prestige Limousines Ltd |
| Summary | UNJUSTIFIED DISMISSAL - No appearance by respondent - Constructive dismissal - Failure to pay wages due - Classic case of resignation caused by breach of duty - Dismissal unjustified - Remedies - Found new employment after 7 weeks - Taken into account that evicted from rental property and car repossessed as unable to pay creditors - Very short period of employment - ARREARS OF WAGES AND HOLIDAY PAY - Monies due and owing |
| Result | Application granted ; Reimbursement of lost wages (7 weeks)($3,920) ; Compensation for humiliation, etc ($2,500) ; Arrears of wages and holiday pay ($1,636.83) ; Costs reserved |
| Statutes | Employment Relations Authority Regulations r16(3)(a)(iii);ERA Second Schedule cl12 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168; [1994] 2 NZLR 415 |
| Number of Pages | 3 |
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