| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 155/06 |
| Hearing date | 28 Mar 2006 |
| Determination date | 04 May 2006 |
| Member | M Urlich |
| Representation | L Mengistu (in person) ; G Smurthwaite |
| Location | Auckland |
| Parties | Mengistu v All Pak & Print Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed respondent failed to provide written employment agreement, paid low wages, declined a pay rise request, preferred his predecessor, and acted in insulting and unacceptable manner towards him - Respondent disputed claims - Respondent claimed written employment agreement existed but was unable to locate it - No evidence parties disputed terms - Even if respondent had failed to provide written agreement it would not amount to breach serious enough for applicant to treat employment as repudiated six months later - Declining request for pay rise did not breach any term of employment - Treatment of predecessor was stale issue when employment ended and could not reasonably be considered a serious breach of agreement - Applicant alleged director made him pronounce Southern" a number of times and he found this insulting - Respondent denied this and applicant's conduct after leaving did not support claim that director's conduct caused him to leave - Applicant claimed also insulted when second director told supplier that applicant's first language was Swahili - Not a breach of employment agreement and no evidence that director undermined applicant's authority or criticised his dealings with supplier - Applicant resigned - No constructive dismissal - ARREARS OF HOLIDAY PAY - Applicant did not receive holiday pay with final pay - Respondent claimed holiday pay paid during employment and provided handwritten records - Authority not satisfied notes were accurate record of annual leave paid - Respondent did not comply with direction to provide wage and time records, payslips, and holiday and leave records - No satisfactory evidence that applicant received holiday pay - Applicant entitled to receive payment without deduction for annual holidays taken in advance - COSTS - Applicant not legally represented - Length of investigation meeting not specified - Entitled to recover cost of filing fee - Length of service five months three weeks - Accounts administrator" |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Arrears) ; Arrears of holiday pay (6 percent of gross earnings) ; Disbursements ($70)(Filing fee) |
| Statutes | Holidays Act 2003 s25;Holidays Act 2003 s81 |
| Number of Pages | 4 |
| PDF File Link: | aa 155_06.pdf [pdf 25 KB] |