| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 30/02 |
| Determination date | 18 February 2002 |
| Member | WRC Gardiner |
| Representation | C Patterson ; C Sparling |
| Location | Auckland |
| Parties | Sutherland v Com Tech (NZ) Ltd t/a Express Data |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged breach of contract forced resignation - Absences due to sick wife and children - Given special leave to look after them - Ongoing concerns about attendance - Attended meeting to discuss tardiness - Second meeting regarding personal telephone calls - Large number of personal calls received - Requested that calls be kept to a minimum - Resignation handed in at end of third meeting - No need for resignation to be accepted - Whether breach of sufficient seriousness that applicant could not reasonably be expected to put up with it - Legitimate concerns that personal matters impinging on job performance - No breach of duty caused resignation - Alleged discriminated against on grounds of family status - Fact that causation was linked to family issues did not amount to discrimination - No grounds to allegations of disparity of treatment or discrimination - ARREARS OF WAGES - Alleged bonus owing - Bonus in relation to work done due and owing - No entitlement to bonus in relation to period after employment ceased - Payment of bonus to be offset by loan owed by applicant |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Arrears of wages) ; Arrears of wages ($750) ; Monies payable by applicant ($300)(loan) ; Costs reserved |
| Statutes | ERA s103(1)(a);ERA s103(1)(c);ERA s104;ERA s105(1)(i) |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air New Zealand Ltd [1985] ACJ 952;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;Makatoa v Restaurant Brands (NZ) Ltd [1999] 2 ERNZ 311;Northern Clerical etc Union v Emery Customs Brokers NZ Ltd [1990] 1 NZILR 634;NZ Labourers etc IUOW v Hodder & Tolley Ltd [1989] 1 NZILR 431;NZ Woollen Workers' Union v Distinctive Knitwear NZ Ltd [1990] 2 NZILR 438;Stiffe v Wilson & Horton Ltd unreported, Goddard CJ, 5 December 2000, AC 94/00;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 | 18 |
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