| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 286/04 |
| Hearing date | 12 Jul 2004 - 2 Aug 2004 (2 days) |
| Determination date | 09 September 2004 |
| Member | V Campbell |
| Representation | J Forret ; G Inglis |
| Location | Auckland |
| Parties | Campbell v Alarm Service and Installation 2000 Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Suspension – Respondent applied for approval to employ applicant as security guard under Private Investigators and Security Guards Act 1974 – Applicant had previous criminal convictions – Police opposed application – Applicant lodged appeal against refusal to grant licence – Appeal process protracted – Respondent decided to suspend applicant pending outcome of appeal – No opportunity given to applicant to avert suspension – Suspension unjustified – Suspension caused disadvantage by preventing applicant from earning commissions on any sales he would have made – UNJUSTIFIED DISMISSAL - Constructive dismissal - Respondent said it would support appeal - Withdrew support day of hearing - Alleged support withdrawn when became aware of full extent of applicant’s convictions – Evident at investigation meeting that applicant aware of convictions – Withdrawal of support not in good faith – Fair and reasonable exercise of discretion to withdraw support required applicant to be given opportunity to comment on proposal to withdraw support – Respondent breached duty – Reasonably foreseeable applicant would resign once support withdrawn – Remedies – Loss of wages and commission after dismissal attributable to applicant’s decision to accept employment with another employer and await security guard licence – ARREARS OF WAGES – While working as relief receptionist for respondent unable to earn commission on sales – Reasonable expectation based on previous experience that would receive additional payment – Other monies for cell phone expenses and mileage allowance also due and owing - Counterclaim – Respondent claimed $100,000 for hurt and humiliation suffered by company director as result of personal grievance – No jurisdiction to award compensation to respondent - Alarm salesman |
| Result | Arrears of wages and holiday pay ($453.15) ; Other monies (Cell phone expenses)($590.66) ; (Mileage expenses ($310.00) ; Reimbursement of lost wages (Suspension)($1,431) ; Compensation for humiliation, etc ($5,000) ; Costs reserved |
| Statutes | Private Investigators and Security Guards Act 1974 s4;Private Investigators and Security Guards Act 1974 s16(2) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW (Inc) [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 ; [1985] 2 NZLR 372;Malik v Bank of Credit and Commerce International SA (in liq) [1997] 3 All ER 1 (HL);Ruffell v Women's Refuge Sexual Assault Resource Centre Marlborough Inc [2002]1 ERNZ 409;Tawhiwhirangi v Attorney General in respect of Chief Executive Department of Justice [1993] 2 ERNZ 546;Tawhiwhirangi v Attorney-General in respect of the Chief Executive, Department of Justice [1994] 1 ERNZ 459 |
| Number of Pages | 17 |
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