| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 102/05 |
| Hearing date | 30 May 2005 - 31 May 2005 (2 days) |
| Determination date | 27 July 2005 |
| Member | H Doyle |
| Representation | B Dorking ; G Walker |
| Location | Christchurch |
| Parties | Hemopo v Arai Te Uru Kokiri Centre Inc |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged respondent asked him to fraudulently alter student attendance records - Manager confronted applicant about allegation - Exchange aggressive and applicant allegedly left shocked and upset - Breach of duty - Constructive dismissal - No evidence applicant was asked to falsify attendance records - BREACH OF CONTRACT - Applicant not given performance assessments despite provision for these, with possible payment of $500 per year in agreement - Entitled to $1,000 for loss of chance - Remedies - 65 percent contributory conduct - ARREARS OF WAGES AND HOLIDAY PAY - Remuneration schedule formed part of applicant's employment agreement - Applicant owed $4,160 as annual increment for having attained a diploma - Should be full accounting to applicant with respect to final pay and holiday pay - COUNTERCLAIM - Counterclaim regarding applicant's removal of computer hard drive dismissed - Computer and business studies tutor |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined)(3 months) ;Compensation for humiliation etc ($2,800) ; Arrears of wages and holiday pay (Quantum to be determined) ; ($4,160)(Qualification based annual increment) ; Damages (Loss of chance)($1,000) ; Costs reserved |
| Number of Pages | 13 |
| PDF File Link: | ca 102_05.pdf [pdf 64 KB] |