| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 279/05 |
| Hearing date | 11 May 2005 |
| Determination date | 25 July 2005 |
| Member | K J Anderson |
| Representation | M Ihaia ; C McGregor |
| Location | Auckland |
| Parties | Ihaia v Te Wananga O Aotearoa |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant's wife was dismissed from her position with respondent - Applicant reassured that he remained a valuable employee of respondent - Applicant alleged he was confronted by academic manager and asked if he felt capable of continuing to work as things stand" - Also alleged had been asked that question by other staff members and considered that to be harassment - Resigned - Respondent agreed to pay applicant's salary and applicant's wife's salary to end of year - Stopped payment of salary after applicant's wife brought personal grievance claim - While more immediate support could have been given to applicant given the circumstances surrounding his wife's dismissal, any possible failure no breach of duty - No harassment - No constructive dismissal - Applicant's assertion that his position was redundant could not be sustained - BREACH OF CONTRACT - Respondent breached agreement to continue to pay salary to end of year - Not open to respondent to cease paying because of actions of his wife - Entitled to salary from date ceased to be paid until end of year - COSTS - Costs to lie where they fall" |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Breach of contract) ; Damages (Salary until end of year) ; Costs to lie where they fall |
| Statutes | ERA s147;ERA s148;ERA s149 |
| 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;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 7 |
| PDF File Link: | aa 279_05.pdf [pdf 47 KB] |