| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 54/01 |
| Determination date | 11 October 2001 |
| Member | N Taylor |
| Representation | L Brook ; NJC Francken |
| Location | Christchurch |
| Parties | Donaldson v Corstophine House Services Ltd |
| Other Parties | Devon Finance and Development Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Disputed working hours over Anzac Day - Matter settled at mediation - Received letter from respondent alleging applicant had admitted to lying during mediation - Letter imposed restrictions on applicant's work - Alleged letter caused resignation - Claimed conditions imposed on employment unreasonable and unworkable - Sufficiently serious breach of duty - Contract unilaterally varied - Conditions imposed punitive and unreasonable - Not actions of fair and reasonable employer - Direct causation between letter and resignation - Dismissal unjustified - PENALTY - Failure to provide plain language explanation of services available to resolve employment relationship problem - Credibility - Applicant's evidence preferred - Breach of good faith - Token penalty appropriate to prevent reoccurrence - Chef |
| Result | Application granted ; Reimbursement of lost wages ($8,124.99)(3 months) ; Compensation for humiliation etc ($12,000) ; Penalty in favour of the Crown ($500) ; Costs reserved |
| Statutes | ERA s4(1);ERA s64(2)(a);ERA s65(2) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372;Wellington etc Clerical Workers' Union v Greenwich [1983] ACJ 965 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |