| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 78/06 |
| Hearing date | 21 Mar 2006 - 22 Mar 2006 (2 days) |
| Determination date | 29 May 2006 |
| Member | P Cheyne |
| Representation | J Guthrie ; S Shreeve |
| Location | Christchurch |
| Parties | Darling v Platinum Properties Ltd |
| Summary | ARREARS OF WAGES - UNJUSTIFIED DISADVANTAGE - Applicant employed to establish business – No written employment agreement - Number of performance issues raised few months into employment – Manager appointed – Applicant resigned on three months notice – Attempts to negotiate lesser period unsuccessful - Cellphone, office keys and petrol card removed from applicant – Time off work due to stress-related illness – Raised grievance during absence – Brief return to work - Respondent’s reply to grievance required applicant to bring forward resignation to take effect immediately or be summarily dismissed – Directed not to attend work – On respondent’s evidence no dismissal and resignation not brought forward – Applicant willing to attend work but instructed not to – Therefore employment remained on foot until ended by reason of resignation – Arrears of wages due and owing until end of original notice period – Removal of phone, keys and card based on suspicions about applicant having secured employment with competitor - Applicant given no chance to comment on suspicions – Actions not remedied even after applicant informed them of actual future plans - Removal of items unjustified disadvantage – Respondent entitled to appoint manager - Disappointment over appointment and implications for applicant’s future with respondent not unjustified disadvantage – Remedies – Difficult to distinguish effects caused by non-actionable disappointment and effects caused by established grievance – Disappointment was more significant cause of applicant’s stress and compensation assessed accordingly – Not appropriate to award payment for time off due to stress as not satisfied applicant would have needed leave if proven grievance only factor – Performance issues too remote from grievance to amount to contributory conduct – PENALTY – Claim for penalty for failure to provide employment agreement - If employment agreement defining notice period provided, problem unlikely to have arisen – Penalty appropriate – Other claims made late in investigation meeting dismissed – Length of service until disadvantage three months - Property manager |
| Abstract | Applications granted ; Arrears of wages (Quantum to be calculated) ; Compensation for humiliation etc ($1,500) ; Penalty ($500)(Payable to Crown) ; Costs reserved |
| Statutes | ERA s63A;ERA s63A(1)(e);ERA s63A(2);ERA s63A(3);ERA s123(1)(c);ERA s131;ERA s135(1)(b);ERA s135(2)(b) |
| Cases Cited | Varney v Tasman Regional Sports Trust unreported, Goddard CJ, 23 July 2004, CC 15/04;Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 7 |
| PDF File Link: | ca 78_06.pdf [pdf 47 KB] |