| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 105/05 |
| Hearing date | 5 May 2005 |
| Determination date | 30 June 2005 |
| Member | G J Wood |
| Representation | T MacKinnon ; P May |
| Location | Wellington |
| Parties | Andrews v Blue Sky Wireless Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged paid less than minimum wage, not paid for sick leave, and was abusive treatment by managing director (MD") - Respondent accepted applicant not paid correctly on occasions, but alleged was attempting to remedy situation - Applicant originally on salary but at her instigation changed to commission basis - Under commission basis risk of having little/no earnings if bad month - Applicant disagreed with having to do administrative tasks - Believed could work hours as she chose - Upset over MDs behaviour at meeting dealing with staff undertaking administrative matters - One month two pay periods below minimum wage - Applicants' cousin left respondent under a cloud though applicant was reassured was not being held accountable - Alleged respondent was investigating her family - Respondent concerned about applicant taking leave without applying for it - Respondent agreed to top up applicants wages where commissions low - Record of settlement prepared to be signed by mediator provided $1,250 to be paid as compensatory sum - Applicant said would not sign agreement - Applicant resigned - Applicant had some unfounded concerns about the was she was being treated and her family investigated - Important part of her leaving respondent's employment - Another reason for leaving was her unfounded belief she could work hours as she choose and did not have to do any administrative duties - MD's actions did not go beyond acceptable manner for any length of time to constitute unfairness or oppression - Applicant resigned because of way respondent dealt with her wage concerns rather than fact she was paid less than minimum wage for short period of time - No serious breach of duty by respondent in way handled issue - No constructive dismissal - ARREARS OF WAGES - Arrears of wages including commissions, holiday pay and sick leave due and owing - Respondent could not deduct monies from final pay for bond or bad debts" |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Arrears) ; Arrears of wages and holiday pay ($3,059.59) ; Costs reserved |
| Statutes | Holidays Act 2003;Minimum wages Act 1983 |
| Cases Cited | Auckland Shop Employees IUOW v Woolworths [1985] ACJ 963;Harrod v DMG World Media (NZ) Ltd [2002] 2 ERNZ 410;McCammon v Wellington Free Ambulance Service (Inc) unreported, Goddard CJ, 21 March 2003, WC 8/03;New Zealand Institute of Fashion Technology v Aitken [2004] 2 ERNZ 340;NZ Woollen Workers IUOW v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438 |
| Number of Pages | 12 |
| PDF File Link: | wa 105_05.pdf [pdf 61 KB] |