| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 203/01 |
| Determination date | 30 November 2001 |
| Member | R A Monaghan |
| Representation | L Robinson & M Maharaj ; No appearance |
| Location | Auckland |
| Parties | Mayhall v Sea Mart (Wholesale) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance for respondent - Resigned after verbal abuse from managing director - Continued beyond tolerable point - Extreme abuse occurred in front of other staff members, visitors and clients - Breach of obligation to act as fair and reasonable employer - Language well in excess of robust workplace environment - Resignation foreseeable - Dismissal unjustified - New employment obtained on lower salary with less annual leave entitlement - Difference between salaries sought - Payment of 6 months' salary appropriate - COSTS - Full solicitor/client costs of $7,729 sought - Behaviour indefensible - Appropriate that total costs be awarded - Financial controller |
| Result | Application granted ; Reimbursement of lost wages ($7,500)(6 months) ; Compensation for humiliation etc ($8,000) ; Costs in favour of applicant ($7,729.70) |
| Statutes | ERA s128(2);ERA Second Schedule cl12;EAR r16;EAR r17 |
| Cases Cited | GWD Russells (Gore) Ltd v Muir [1993] 2 ERNZ 955 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |