| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 159/05 |
| Hearing date | 3 May 2005 |
| Determination date | 03 May 2005 |
| Member | D King |
| Representation | L Erchova (in person) ; no appearance |
| Location | Auckland |
| Parties | Erchova v Storewatch Response Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance by respondent - No written employment agreement - Unchallenged evidence that respondent asked applicant to sign resignation letter - Forced resignation amounted to unjustified dismissal - Remedies - No reason not to exercise discretion to order reimbursement for period greater than three months, less earnings - ARREARS OF WAGES AND HOLIDAY PAY - Three weeks' wages due and owing - Holiday pay owing for period of employment - Interest to run from date of dismissal |
| Result | Application granted ; Reimbursement of lost wages ($5,188.85)(4 months) ; Compensation for humiliation etc ($3,000) ; Arrears of wages ($2,134.62) ; Arrears of holiday pay ($469.61) ; Interest (7 percent) ; Costs reserved |
| Statutes | ERA s128(3) |
| Number of Pages | 2 |
| PDF File Link: | aa 159_05.pdf [pdf 8 KB] |