| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 383/07 |
| Hearing date | 29 Nov 2007 |
| Determination date | 04 December 2007 |
| Member | V Campbell |
| Representation | J O'Neil (in person) ; no appearance |
| Location | Hamilton |
| Parties | O'Neil v Super Butcher (Thames) Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Constructive dismissal - No appearance for respondent – Applicant 14 years old when commenced first job during school holidays at respondent – During conversation store manager (“V”) suggested applicant should go with him to USA, and asked what her parents would say if left with him – Applicant thought V joking – V later followed applicant into meat chiller, and kissed her on the cheek – Applicant shocked and scared - After short time V stepped aside and let her leave – Returned to work because thought had to stay to finish shift – Applicant left work and never returned – V acknowledged behaviour – V’s conduct egregious and constituted breach of duty to applicant, and respondent’s statutory duty of good faith – Could be no doubt breaches sufficiently serious to make it reasonably foreseeable applicant might leave employment as result – Had incident not occurred, applicant would not have left employment – Causal link established – Constructive dismissal |
| Result | Application granted ; Reimbursement of lost wages ($119)(2 days) ; Compensation for humiliation etc ($3,000) ; Disbursements ($70)(Filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA Schedule 2 cl12 |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168; [1994] 2 NZLR 415;Gorrie Fuel (SI) Ltd v Gittoes unreported, Couch J, 8 November 2007, CC 21/07;Z v A [1993] 2 ERNZ 469 |
| Number of Pages | 6 |
| PDF File Link: | aa 383_07.pdf [pdf 37 KB] |