| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 195/04 |
| Hearing date | 2 Jun 2004 - 3 Jun 2004 (2 days) |
| Determination date | 04 June 2004 |
| Member | L Robinson |
| Representation | M Hanif ; S Dyhrberg |
| Location | Auckland |
| Parties | Sharma v Vehicle Testing NZ Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged threatening comments by area manager - Applicant resigned" following final confrontation - Insufficient evidence of harassment, threats or bullying by area manager - Asking applicant whether he would "stay or go" not choice between resigning or being dismissed - No breach of duty by respondent entitling applicant to regard employment as at an end - Applicant initially misunderstood meaning of "resign" - Resigned in proper sense only after taking legal advice - Resigned of own volition - No constructive dismissal - BREACH OF CONTRACT - Counterclaim by respondent for failure to give notice and work out notice period - Agreement provided employee only liable to work out notice period or make payment in lieu "if required to do so" - Respondent never required applicant to work out notice period - Applicant not liable in respect of failure - PENALTY - Penalty sought for applicant's failure to give notice - Failure to give notice not deliberate or wilful - Penalty not appropriate - ARREARS OF WAGES - Respondent to pay applicant final wages without deduction - Vehicle inspector" |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Arrears of wages) ; Arrears of wages ($783.27) ; Counterclaim dismissed ; Costs reserved |
| Statutes | ERA s135 |
| Cases Cited | Auckland & Gisborne Amalgamated Society of Shop Employees and Related Trades etc IUOW v Woolworths (NZ) Ltd [1985] 2 NZLR 372;Electric Power Board v Auckland Provincial District Local Authorities Officers' IUOW [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;PPP Industries Ltd v Doggett [1996] 2 ERNZ 234;Ruapehu District Council v Northern Local Government Officers Union unreported Castle J, 16 November 1992, WEC 54/92 |
| Number of Pages | 9 |
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