| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 198/06 |
| Hearing date | 6 Jun 2006 |
| Determination date | 09 June 2006 |
| Member | L Robinson |
| Representation | RG Leech (in person) ; M Kamphorst |
| Location | Auckland |
| Parties | Leech v Absolute Airconditioning & Refrigeration Ltd |
| Summary | ARREARS OF WAGES AND HOLIDAY PAY - Records did not differentiate between annual leave and days in lieu - Respondent deducted for alleged debts on termination - Only 1/2 day salary and parking fine lawfully deducted - Monies due and owing - RAISING PERSONAL GRIEVANCE - Letter based on things that happened during employment" from applicant to respondent not sufficient to found constructive dismissal claim - Whether applicant permitted to proceed with claim out of time - Applicant's lack of experience in legal matters not an exceptional circumstance - Leave to raise grievance out of time declined - Applicant claimed second aspect to constructive dismissal claim, based on what happened on last day of work - Applicant's statement of problem sufficient to put respondent on notice applicant had problem - Grievance raised within 90 days - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant had given one months notice of intention to leave - Disagreement between owner of respondent and applicant resulted in applicant walking off job - Authority found applicant could not reasonably be expected to work out notice after owner's conduct - Breach of duty of good faith - Breaches serious - Forseeable applicant would resign - Constructive dismissal - Remedies - Applicant reimbursed for two week notice period provided in employment agreement - Compensation for notice period not worked, not loss of employment - Recommendations: that respondent (1) account separately in holiday and leave record for annual leave and days in lieu ; (2) make provision for days in lieu in employment agreements ; (3) make provision whether days in lieu paid out on termination - Length of service three years five months - Sales representative" |
| Result | Application granted ; Arrears of wages ($4,847.79) ; Reimbursement of lost wages ($2,500)(2 weeks) ; Compensation for humiliation etc ($1,000) ; Recommendations made accordingly ; No order for costs |
| Statutes | Holidays Act 2003 s81 |
| Number of Pages | 7 |
| PDF File Link: | aa 198_06.pdf [pdf 141 KB] |