| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 48/07 |
| Hearing date | 20 Apr 2007 |
| Determination date | 30 April 2007 |
| Member | H Doyle |
| Representation | M Kirkland ; no appearance |
| Location | Christchurch |
| Parties | Higgins v 360 Degrees Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal - Respondent in receivership – Receiver indicated would attend investigation meeting – No appearance by respondent – Applicant raised issue when pay reduced – Treated in abusive manner by director and threatened by co-worker – Told don't bother coming back" when left premises – Applicant entitled to raise pay issue – Director in relationship with applicant's mother – Applicant did not return to workplace and moved out of mother's house – Breach of implied obligation not to act in manner calculated to destroy or damage relationship of trust and confidence – Foreseeable applicant would not return to work given seriousness of breach – Dismissal unjustified – Remedies – Leave reserved for applicant to return to Authority if had not received holiday pay – COSTS – Applicant submitted actual costs in vicinity of $1,500 – Telephone conferences and respondent's inability to be contacted about mediation taken into account – $1,500 suitable award - Factory hand" |
| Result | Application granted ; Reimbursement of lost wages ($9,000)(18 weeks) ; Compensation for humiliation etc ($7,500) ; Orders accordingly ; Costs in favour of applicant ($1,500) |
| Main Category | Personal Grievance |
| Number of Pages | 3 |
| PDF File Link: | ca 48_07.pdf [pdf 28 KB] |