| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 65/04 |
| Hearing date | 26 Jan 2004 - 25 Mar 2004 (3 days) |
| Determination date | 04 June 2004 |
| Member | H Doyle |
| Representation | D Beck ; J Goldstein |
| Location | Christchurch |
| Parties | Redington v Sisson |
| Summary | ARREARS OF WAGES - Alleged payment for overtime owing - Specific situations where overtime worked either at respondent's request or with respondent's knowledge - Agreement that applicant would be able to take paid time off in lieu - Monies due and owing - General claim for additional half to one hour per day worked not accepted - UNJUSTIFIED DISADVANTAGE - Alleged breach of health and safety legislation - Sore hands - Stress about workload - Applicant did not mention concerns to respondent - No unjustified disadvantage - Alleged conduct which undermined trust and confidence - Physically threatening behaviour - Respondent lost temper on three occasions and did not give applicant adequate or safe opportunity to respond - Inappropriate and derogatory language used went further than lack of politeness - Applicant disadvantaged because felt less secure and intimidated - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant did not return to work after last incident - Reason for not returning stress and hand injury - Departure not reasonably foreseeable to respondent - No unjustified dismissal - Remedies - Unable to work for three months because of hand injury and stress - No link between cause of loss of remuneration and grievance - Entitled to balance of sick leave - Contributory conduct - Applicant's failure to file court documents was focus of last incident - Contributory conduct 20 percent - PENALTY- No wage and time record - Moderate penalty appropriate - Typist |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage and arrears of wages) ; Arrears of wages ($450) ; Reimbursement of lost wages (Sick leave) ; Compensation for humiliation, etc ($6,000 reduced to $4,800) ; Penalty payable to Crown ($100) ; Costs reserved |
| Statutes | ERA s130(2);ERA s130(4);ERA s132(2) |
| Cases Cited | NZ Woollen Workers IUOW v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |