| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 68/06 |
| Hearing date | 9 May 2006 |
| Determination date | 09 May 2006 |
| Member | J Crichton |
| Representation | S Tait ; no appearance |
| Location | Christchurch |
| Parties | Linton v Auckland Labour Services Ltd and Ors |
| Other Parties | First City Group Ltd, Future Planning International Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Oral decision given - No appearance for respondent - Authority had taken all proper steps to ensure respondents knew of investigation meeting - Applicant was told there was special sales meeting on a Sunday - Applicant unable to go to meeting due to cricket commitment - Meeting chairperson said that as applicant had not attended meeting he was sacked with immediate effect - Meeting with meeting chair, applicant and manager couple of days later where applicant was told they wanted him to go - Applicant wrote notice of resignation referring to choices he was given at meeting - Applicant not a real estate agent within Real Estate Agents Act 1976 - Applicant employee - Unable to make any sense of who applicant's employer was - Three respondent companies were all inter-connected and had same registered office - Sufficient for purpose of applicant's claim to refer to three companies together as the respondents - Applicant unjustifiably dismissed as consequence of Sunday meeting - Possible to argue that dismissal effected when results of meeting were communicated to applicant on the Monday - Alternatively applicant constructively dismissed as consequence of meeting couple of days later - Length of service between four and five months - COSTS - Applicant incurred costs of $2,000 - Respondents treated applicant in off-hand and improper fashion, put him to trouble and expense and failed to engage with him in any meaningful way in resolution of employment relationship problem - Not normal practice to award full costs, but Authority disposed to take that step in present case - Length of service between four and five months - Property sales consultant |
| Result | Application granted ; Compensation for humiliation etc ($6,500) ; Commissions due on settled sales ($17,700) ; Unpaid wages ($4,257.87) ; Overdue commission ($1,500) ; Costs in favour of applicant ($2,000) |
| Statutes | Real Estate Agents Act 1976 s3 |
| Number of Pages | 6 |
| PDF File Link: | ca 68_06.pdf [pdf 35 KB] |