| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 129/07 |
| Hearing date | 30 Apr 2007 |
| Determination date | 30 April 2007 |
| Member | V Campbell |
| Representation | P Dawson ; K Ashcroft |
| Location | Auckland |
| Parties | Stewart v Century 21 Huntly, Morrinsville & Papakura Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Summary dismissal - Whether dismissed or resigned - Manager queried applicant's management of client's property and level of communication with client - Applicant sent email to client outlining impending tenancy of client's property and left office - Manager claimed spoke to client and decided applicant lied - When applicant returned to office heated argument ensued - Authority found in no uncertain terms applicant told to leave workplace - Manager claimed applicant told him to stick his job" - Applicant said "I'll resign" - Statement intended to convey her intention if shouting and bad language continued - Applicant left office and did not return - Provided medical certificate not fit to work when handed in keys - Handing back keys consistent with understanding had been dismissed - Manager's conduct in swearing and telling applicant to go dismissive and repudiatory - Even if wrong on point, manager's conduct plainly invited resignation which would have amounted to constructive dismissal - Dismissal - Manager's conduct outrageous - Failed to undertake investigation disclosing conduct a fair and reasonable empoyer would regard serious misconduct - Conduct in contravention of procedural fairness and fell short of obligation to be constructive in maintaining productive employment relationship - Failed to comply with terms of employment and follow own procedures - Dismissal unjustified - ARREARS OF HOLIDAY PAY - Without agreement respondent paid applicant as if on annual leave following dismissal - Manner of payment during notice period had effect of reducing applicant's statutory entitlements - Holiday pay due and owing - Conduct warranted interest award - Interest 8.5 percent - Property manager" |
| Result | Application granted ; Reimbursment of lost wages ($4,742)(13 weeks less 5 weeks pay following dismissal) ; Compensation for humiliation etc ($5,000) ; Arrears of holiday pay ($873.60) ; Interest 8.5% ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERS Schedule 2 cl11 |
| Number of Pages | 10 |
| PDF File Link: | aa 129_07.pdf [pdf 47 KB] |