| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 243/07 |
| Hearing date | 10 Aug 2007 |
| Determination date | 13 August 2007 |
| Member | Y S Oldfield |
| Representation | J Roots ; no appearance |
| Location | Auckland |
| Parties | Hand v Hayson |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance by respondent - Claimed threatened and assaulted by supervisor while at work - Told respondent he would no longer work with supervisor - Respondent considered might have another role but applicant declined it as not full time - Paid final wages and left - Conduct of supervisor amounted to serious breach of respondent's obligations to provide safe workplace - Once aware of assault respondent obliged to take steps to ensure no further risk to applicant - Failure to do so meant applicant constructively dismissed - Remedies - Applicant young and relatively new to work force - Entitled to substantial award of compensation - Given labour shortage, Authority not satisfied applicant made real effort to mitigate loss - No award of lost earnings - COSTS - Less than one day investigation meeting - Applying tariff approach $500 contribution appropriate - Cleaner |
| Result | Application granted ; Compensation for humiliation etc ($10,000) ; Costs in favour of applicant ($500) |
| Main Category | Personal Grievance |
| Number of Pages | 4 |
| PDF File Link: | aa 243_07.pdf [pdf 19 KB] |