| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 22/02 |
| Determination date | 08 February 2002 |
| Member | WRC Gardiner |
| Representation | M Herk ; S Martinez |
| Location | Auckland |
| Parties | Varley v Technautics Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether breach of employment contract - Harassment - Alleged sworn at and displayed anger and frustration in presence - Alleged similar behaviour directed towards applicant personally - Unjustified dismissal claim made out - Inappropriate to give weight to statements of witnesses not present at hearing - Balance of probabilities - Credibility - Documentary evidence in support of case - No evidence documents written after employment terminated - No indication swearing was common at workplace - Breach of trust and confidence - No claim for reimbursement of lost remuneration |
| Result | Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial Districts Local Authorities Officers IUOW [1994] 1 ERNZ 168;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963;Coca-Cola Amatil (NZ) Ltd v Kaczorowski [1998] 1 ERNZ 264;Holley v Country Foods NZ Ltd unreported, Goddard CJ, 24 April 1996, WEC 20/96;Mayhall v Seat Mart (Wholesale) Ltd unreported, RA Monaghan, 30 November 2001, AA 203/01;Northern Clerical etc Union v Emery Customs Brokers NZ Ltd [1990] 1 NZILR 634;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ Woollen Workers' Union v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438;Wellington etc Clerical Workers' Union v Barraud & Abraham Ltd [1970] 70 BA 347;Wellington etc Clerical Workers' Union v Greenwich [1983] ACJ 965;Western Excavating Ltd v Sharp [1978] 1 All ER 713 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |