| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 97/04 |
| Hearing date | 14 July 2004 - 15 July 2004 (2 days) |
| Determination date | 30 July 2004 |
| Member | G J Wood |
| Representation | G Jenkins ; K Stretton |
| Location | Napier |
| Parties | Brown v Titchmarsh |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissal - Whether constructive dismissal - Unsatisfactory management standards during course of employment - Manager's employment terminated - In conversation where applicant raised concerns about position respondent told her if you don't like matters go and have a party with" former manager - Insensitive behaviour but no sending away - Applicant gave notice when she believed she had secured other employment - Other employment did not commence as respondent showed prospective employer irregularities in applicant's timesheet - No actual dismissal - Voluntary resignation - No unjustified dismissal - ARREARS OF WAGES AND HOLIDAY PAY - Applicant alleged owed wages for last 50 hours and holiday pay - Respondent withheld payment due to belief of previous overpayment - Monies due and owing - Respondent's inability or unwillingness to follow Authority's directions caused great inconvenience - Herd manager" |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Arrears) ; Arrears of wages ($625) ; Arrears of holiday pay ($550.86) ; Costs reserved |
| Statutes | Wages Protection Act 1983 |
| Cases Cited | Peacock v Titchmarsh unreported, GJ Wood, 30 July 2004, WA 96/04 |
| Number of Pages | 4 |
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