| Summary |
UNJUSTIFIED DISMISSAL - Constructive dismissal - UNJUSTIFIED DISADVANTAGE - Applicant had accident in work van - Informed respondent immediately - Deductions made from applicant's wages for damage to van - Dispute as to whether applicant verbally authorised deductions - Applicant given written warning in which told not allowed to drive work van and to improve appearance - Dispute as to whether applicant told not allowed to drive work van prior to accident - Dispute as to whether applicant raised concerns about wage deductions - Following meeting with respondent, where applicant told debt would be wiped if found another job, applicant took two days sick leave and then resigned - Respondent conceded deductions from wages not authorised in writing as required by law - Authority preferred applicant's evidence that did not know about deductions until received second pay slip - Authority found that it was not made clear to applicant he could not drive work van - Respondent unilaterally varied applicant's job from windscreen repairer to a warehouse role after informed by customer did not want applicant working on their cars - Authority found deductions of money, suggestion if found another job debt would be wiped, and unilateral variation of job were sufficiently serious as to make it reasonably foreseeable applicant not be prepared to continue to work under those conditions - Applicant constructively dismissed - Dismissal unjustified - Deductions to wages caused applicant unjustified disadvantage - Events relating to both personal grievances overlapped - Not appropriate to make distinct awards - Compensation to be considered on global basis - Respondent submitted finding of 100 per cent contributory conduct should be made - Authority found no contributory conduct - REMEDIES - Applicant attempted to mitigate loss - However, no evidence provided applicant could not have applied for more positions - In circumstances appropriate to limit reimbursement to three months lost wages - Dismissal had serious effect on applicant - Suffered humiliation, loss of interest in socialising, and general lethargy - Appropriate case to make global award of compensation - In all circumstances award of $8,000 appropriate - PENALTIES - Applicant not supplied with written employment agreement - In circumstances penalty of $300, payable to Crown, appropriate - Breach of Wages Protection Act 1983 - Unauthorised deductions serious matter, however, money refunded, respondent conceded breach, and unfamiliar with New Zealand law - But for those factors higher penalty would have been awarded - Penalty of $500 appropriate with $250 payable to Crown, $250 payable to applicant - Windscreen repairer |