| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 2/05 |
| Hearing date | 19 Nov 2004 |
| Determination date | 10 January 2005 |
| Member | D King |
| Representation | D Law ; A Ibrahim (in person) |
| Location | Auckland |
| Parties | Ruapehu District Council v Ibrahim |
| Summary | RECOVERY OF MONIES - Applicant alleged respondent owed monies pursuant to its Training Policy and pursuant to an Incentive Payment Scheme - Applicant took study leave - Respondent's CEO alleged interpretation which had been given to study leave policy was incorrect and if applicant left within 12 months of completing study he would be required to pay back 52 weeks' paid annual leave - Later revoked that requirement to pay but stated did not agree to extend that arrangement for any further study component applicant might undertake - No provision in policy to demand refund of paid leave - Attempt to make respondent agree to pay back leave granted illegal - Not in equity and good conscience to order respondent to pay back expenses paid by applicant for respondent's unfinished course - Same applied for applicant's claim for repayment of incentive payment - COUNTERCLAIM - UNJUSTIFIED DISMISSAL - Constructive dismissal - Respondent resigned because of perception that had been badly treated by applicant - Though attempted variation withdrawn, no acknowledgement of error by applicant - Breaches sufficiently serious to mean constructive dismissal - Civil engineer |
| Result | Application dismissed (recovery of monies) ; Application granted (Counterclaim - unjustified dismissal) ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 ; [1985] 2 NZLR 372 |
| Number of Pages | 4 |
| PDF File Link: | aa 2_05.pdf [pdf 22 KB] |