| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 230/06 |
| Hearing date | 8 Jun 2006 |
| Determination date | 04 July 2006 |
| Member | Y S Oldfield |
| Representation | A Holgate ; S Leftley, M Broadbelt |
| Location | Auckland |
| Parties | Cann v Kiwi Carlton Cabs Whangarei Society Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged stress brought on by inadequate staffing levels, training and disciplinary action caused applicant to resign - No evidence of impact on health after resignation - Worked less than full time in final months of employment - Overtime worked in earlier period too remote in time from resignation to have been trigger - Entitled to conduct disciplinary inquiry and no apology owed - Process fair and reasonable except for time delay and lack of information given to applicant - Insufficient evidence to show respondent under obligation to provide training or that further training needed - Evidence did not establish sufficiently serious breach of duties by respondent - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - Respondent kept applicant waiting for news of outcome of inquiry - Should have recognised need for speed and need to keep applicant informed - Unjustified disadvantage - ARREARS OF WAGES AND HOLIDAY PAY - Unclear that respondent's management committee approved overtime hours - Applicant entitled to rely on manager's assertion (her son) that approval given - Evidence disputed how many overtime hours applicant worked - Agreement stated one hour lunch breaks unpaid - Statutory holidays worked without provision of alternative holidays - Arrears of wages for overtime worked and statutory holiday pay due and owing - Lunch breaks deducted from quantum of arrears of wages - Length of service eleven months - Dispatcher and Administrator |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($750) ; Arrears of wages and statutory holiday pay ($5,213.56) ; No order for costs |
| Number of Pages | 7 |
| PDF File Link: | aa 230_06.pdf [pdf 41 KB] |