| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 17/02 |
| Determination date | 29 January 2002 |
| Member | Y S Oldfield |
| Representation | JG Robertson ; S Reeves |
| Location | Auckland |
| Parties | Anderson v Te Taumata Art Gallery |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant's predecessor dismissed under suspicion of dishonesty - Queries from artists regarding missing artworks and payments from period before applicant's employment - Respondent's representative aggressive and rude when approached about queries - Prevented from running gallery in proper fashion - Risk of reputation being impugned by association - Took sick leave due to stress caused by situation at work - Credibility - Evidence of applicant preferred - No course of conduct to coerce applicant to resign - Breach of duty - Respondent's representative acted in manner likely to destroy relationship of confidence and trust - Reasonably foreseeable that applicant would resign - Two week delay between peak of distress and resignation did not amount to waiver of breach - Remedies - Applicant stopped wage payments into her account - Payments continued by respondent's bank - Applicant entitled to all lost wages once clear where payments made to - ARREARS OF WAGES AND HOLIDAY PAY - Entitled to payment for final two days worked and holiday pay for total gross earnings during employment - Gallery manager |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($3,500) ; Arrears of wages (Quantum to be determined by parties) ; Arrears of holiday pay (Quantum to be determined by parties) ; Costs reserved |
| Cases Cited | Malik v Bank of Credit and Commerce International SA (in liq) [1997] 3 All ER 1 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |