| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 323/04 |
| Hearing date | 9 Aug 2004 |
| Determination date | 30 September 2004 |
| Member | V Campbell |
| Representation | A Hope ; P Darrah (in person) |
| Location | Auckland |
| Parties | Read v Darrah |
| Summary | UNJUSTIFIED DISMISSAL - Whether actual or constructive dismissal - Salary reduction reluctantly accepted by applicant - Relationship between parties deteriorated - Applicant's partner told applicant respondent said had to leave when school holidays - Applicant took that as notice - Alleged reduction in pay, abuse, failure to provide safe workplace, respondent's anger and ill treatment of cows, and negative comments to applicant's partner about applicant led to belief that trust and confidence destroyed - Applicant left - No clear sending away - No actual dismissal - Respondent did swear, yell and tell applicant off in manner not conducive to productive working relationship - Respondent raised matters regarding applicant's performance with applicant's partner - Breach of duty by respondent - Not satisfied unreasonable treatment by respondent reason why applicant resigned - Not satisfied breaches by respondent such that knew or ought to have known applicant would resign - ARREARS OF WAGES AND HOLIDAY PAY - Respondent reduced payment since no notice from applicant - Deductions not allowed - Arrears of wages and holiday pay due and owing - COUNTERCLAIM - Respondent sought monies owed for power consumed in farm house - Accepted monies due and owing - Also sought half cost of meat provided on yearly basis since not year worked - Not condition of employment that would refund sum for proportion of year unworked - Claim failed - No written employment agreement - Milkers |
| Result | Application dismissed (unjustified dismissal) ; Application granted (Arrears of wages and holiday pay) ; Arrears of wages ($692.30) ; Arrears of holiday pay ($539.76) ; Application granted (Counterclaim) ; Other monies ($210)(Power account) ; Costs reserved |
| Statutes | ERA s65;Holidays Act 1981;Wages Protection Act 1983 |
| Cases Cited | Actors' Equity Union v Auckland Theatre Trust [1989] 2 NZLR 154 ; [1989] 1 NZILR 463 (CA);Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW (Inc) [1994] 1 ERNZ 168;Auckland Shop etc Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372;Compass Union of NZ Inc v Carlton & United Breweries (NZ) Pty Ltd [1992] 1 ERNZ 1;Hampton t/a Chesterfields Pre-Schools v Butland [2002] 2 ERNZ 928;Salmond Smith Biolab, Salmond Laboratories Division v NZ (with exceptions) Food & Chemical etc Union [1989] 2 NZILR 939;Wellington Road Transport Union of Workers v Fletcher Constructions Co Limited [1982] ACJ 663 |
| Number of Pages | 10 |
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