| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 312/06 |
| Hearing date | 3 Oct 2006 |
| Determination date | 04 October 2006 |
| Member | L Robinson |
| Representation | M Nutsford ; R Sharma |
| Location | Auckland |
| Parties | Chin v Yong t/a Yong & Co Chartered Accountants |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged badly treated by respondent and his business advisor - Respondent loaned applicant's husband (JC") significant sum and agreed to keep loan secret - JC went bankrupt before loan repaid - Applicant unaware of situation until told by respondent's wife - Respondent met AW, a Scientologist - AW stress tested respondent and considered applicant cause of stress - AW convened meeting and interrogated applicant about JC and loan - Applicant stated husband's business activities not her concern and enquiries should be directed to him - Informed respondent felt uncomfortable, but he did not assist her - Applicant felt obliged to remain because employee - After meeting, applicant wrote to respondent recording discomfort - AW responded by asking her to come up with "written solution" to situation between JC and respondent - Applicant asked respondent to tell AW to stop harassing her - Respondent suggested applicant overreacting and again focused on loan - Applicant took sick leave but respondent and AW visited her residence - Police called when refused to leave - Applicant resigned - Loan to JC did not concern applicant, not fair and reasonable to hold her responsible for it - Respondent also made disparaging comments about applicant to other employees - Breach of duty owed to applicant - Breach so serious substantial risk of resignation reasonably foreseeable - Dismissal unjustified - Length of service seven months - Accounts clerk" |
| Result | Application granted ; Reimbursement of lost wages ($3,653.85)(5 weeks) ; Compensation for humiliation etc ($5,000) ; Arrears of holiday pay ($2,192.31) ; Interest (9%) ; Costs reserved |
| Number of Pages | 8 |
| PDF File Link: | aa 312_06.pdf [pdf 42 KB] |