| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 96/04 |
| Hearing date | 14 Jul 2004 - 15 Jul 2004 (2 days) |
| Determination date | 30 July 2004 |
| Member | G J Wood |
| Representation | G Jenkins ; K Stretton |
| Location | Napier |
| Parties | Peacock v Titchmarsh |
| Summary | UNJUSTIFIED DISMISSAL - Severe problems with farm during applicant's first three months as manager - Performance issues raised informally - Demotion offered as condition of continuing employment - Applicant resigned on four weeks' notice - Subsequent summary dismissal - No disciplinary procedure followed - Demotion required prior warning - Trust and confidence not in issue as respondent obviously originally prepared to continue employing applicant albeit at lesser level - Resignation following enforced demotion amounted to unjustified constructive dismissal - Summary dismissal also unjustified - REMEDIES - Applicant greatly distressed by treatment and entitled to significant compensation - Lost remuneration awarded - Contributory conduct 35 percent - OTHER MONIES - Employment agreement included reimbursement for work phone calls - Monies due and owing - Records unavailable - Quantum determined in equity and good conscience - Farm manager |
| Result | Application granted ; Reimbursement of lost wages ($10,513 reduced to $6,833.45)(4 weeks full salary plus 8 months partial salary) ; Compensation for humiliation etc ($10,000 reduced to $6,500) ; Other monies ($300) ; Costs reserved |
| Statutes | ERA s123(c)(i) |
| Number of Pages | 6 |
| PDF File Link: | wa 96_04.pdf [pdf 21 KB] |