| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 107/04 |
| Hearing date | 15 Jun 2004 - 16 Jun 2004 (2 days) |
| Determination date | 17 August 2004 |
| Member | V Campbell |
| Representation | DJ Tindall (in person), RA Oakley (in person) ; WR Harris, J Hamblet, M Young, no appearance |
| Location | Wellington |
| Parties | Tindall and Anor v Watha Management Ltd and Ors |
| Other Parties | Oakley, Cantab Management Ltd, Wella Holdings Ltd, Osmond, Advisorcorp Inc Ltd |
| Summary | UNJUSTIFIED DISMISSAL - RAISING OF PERSONAL GRIEVANCE - Identity of employer - Employer one of five respondents - Offer of employment on behalf of first respondent - Applicant's wages stated as paid by first respondent - First respondent applicant's employer - Whether grievance raised within 90 days - Grievance raised when employer's agent became aware from reliable source of existence of genuine claim of grievance being actively pursued - Grievance raised in time - Constructive dismissal - When applicant tendered resignation wages had not been paid for 12 weeks - Resignation only choice available - Dismissal unjustified - ARREARS OF WAGES AND HOLIDAY PAY - 12 weeks' salary due and owing - Holiday pay for entire period of employment due and owing - Hotel manager |
| Result | Application granted ; Compensation for humiliation, etc ($7,000) ; Arrears of wages ($7,440)(12 weeks) ; Holiday pay (6 percent) ; Interest (6.5 percent) ; Other monies (Mileage)($176); Costs reserved |
| Statutes | ERA s114 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Auckland Shop Employees IUOW v Woolworths NZ Limited [1985] 2 NZLR 372;Forever Living Ltd v Kruesi [1993] 2 ERNZ 636;Kruesi v Ulmke [1993] 1 ERNZ 25;Malik v Bank of Credit and Commerce International SA (in liquidation) [1997] 3 All ER 1 |
| Number of Pages | 16 |
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