| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 135/05 |
| Hearing date | 1 Aug 2005 |
| Determination date | 18 October 2005 |
| Member | J Crichton |
| Representation | T Bamford ; G Downing |
| Location | Christchurch |
| Parties | Oakly and Anor v Pomeroy and Anor |
| Other Parties | Power, Pomeroy |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Relationship between parties deteriorated ultimately leading to applicants' resignations - Evidence of applicants and witnesses preferred - Satisfied that applicants were subjected to treatment by respondent which went much further than inconsiderate or discourteous conduct - Respondent sought to change nature of employment bargain and did that in public way, by undermining applicants, countermanding instructions by first applicant, and abusing, belittling and criticising the applicants - Untenable environment created situation where resignations of applicants were reasonably foreseeable - Respondent ought to have known that conduct was substantially likely to have effect of causing resignations from both applicants - Unjustified constructive dismissal - Remedies - No contributory conduct - Would be unusual in a constructive dismissal to find contributory conduct - Not entitled to relocation costs - Entitled to contribution to costs as a consequence of losing employment - Whether first applicant was particularly employed to do artificial insemination work - No such offer made - Submission that respondent guilty of breaching s12 Fair Trading Act 1996 not made out - First applicant employed on part-time and seasonal basis - Herd manager/farm worker |
| Result | Application granted ; Reimbursement of lost wages ($29,667.43)(P)(One year) ; ($4,875)(O)(One year) ; Compensation for humiliation etc ($6,000)(P) ; ($3,000)(O) ; Contribution to costs as result of constructive dismissal ($1,000) ; Costs reserved |
| Statutes | Fair Trading Act s12 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers' IUOW [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;NZ Woollen Workers IUOW v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438;Wellington etc Clerical Workers' Union v Greenwich [1983] ACJ 965;Woods v WM Car Services (Peterborough) Ltd [1982] ICR 693 |
| Number of Pages | 11 |
| PDF File Link: | ca 135_05.pdf [pdf 67 KB] |