| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 117/05 |
| Hearing date | 25 Jul 2005 |
| Determination date | 06 September 2005 |
| Member | P Montgomery |
| Representation | O Johnstone ; no appearance |
| Location | Christchurch |
| Parties | Spencer v Hughes Dairy Farms Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance by respondent - Respondent advertised for assistant farm manager without telling applicant - Applicant's father-in-law called respondent to find out whether advertisement was for farm manager or assistant - Respondent replied it was manager's job as he would probably have to let manager go" - When applicant confronted respondent he raised performance issues - Applicant alleged respondent made it clear would be dismissed if did not resign - Applicant resigned - Claim of constructive dismissal would usually only succeed where employee had made it plain was leaving because of employer's conduct - Applicant's resignation letter established he resigned because respondent made it clear had lost confidence in him - Respondent's claim that advertisement was for assistant farm manager unpersuasive - Any performance concerns not raised prior to confrontation - Unjustified constructive dismissal - Remedies - Applicant entitled to expenses caused by relocation from farm (storage, motor camp rent and house rent) but not truck hire - COSTS - Applicant sought contribution of $2,000 to unspecified total costs - Contribution to applicant's reasonably incurred costs warranted - Farm manager" |
| Result | Application granted ; Reimbursement of lost wages ($7,519.45)(3 months) ; Compensation for humiliation etc ($12,000) ; Reimbursement of other money lost ($4,089.70)(relocation expenses) ; Costs in favour of applicant ($1,300) |
| Number of Pages | 8 |
| PDF File Link: | ca 117_05.pdf [pdf 46 KB] |