| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 180/04 |
| Hearing date | 18 Mar 2004 |
| Determination date | 21 May 2004 |
| Member | K J Anderson |
| Representation | D Law ; F McLaren |
| Location | Auckland |
| Parties | Wright v Tie Rack Stores Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant raised health and safety issues with respondent after injuring back - Dissatisfied with response so contacted Occupation Health and Safety (OSH") Inspector - Respondent issued memorandum which applicant felt made fun of her - Resigned - Respondent complied with issues OSH inspector raised - Respondent did all reasonably possible to provide safe working environment - Respondent not responsible for applicant's propensity towards back injuries - Memorandum tongue in cheek - If applicant had contacted respondent before resigning misunderstanding could have been sorted out - Memorandum in such broad terms difficult to comprehend how applicant came to conclusions she did - No personal grievance - ARREARS OF HOLIDAY PAY - Received lump sum payment each January equivalent to three weeks wages - Not paid at time annual holidays taken - Holidays Act 1981 largely complied with - Claim rejected - Received double pay for working on statutory holidays but did not have day off in lieu - More specific information regarding claim needed - Ten days from date of determination to present details - Some set-off might have been appropriate - Shop manager and sales person" |
| Result | Application dismissed (Unjustified dismissal and arrears of holiday pay) ; Costs reserved |
| Statutes | Holidays Act 1981 s11;Holidays Act 1981 s12;Holidays Act 1981 s21 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial Local Authorities Officers IUOW [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;Drake Personnel (NZ) Ltd v Taylor [1996] 1 ERNZ 324;Gladstone Milk Bar Ltd v Henning [1998] 1 ERNZ 296;NZ Woollen Workers IUOW v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438 |
| Number of Pages | 7 |
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