| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 94/08 |
| Hearing date | 11 Mar 2008 |
| Determination date | 17 March 2008 |
| Member | R A Monaghan |
| Representation | C Podwin ; no appearance |
| Location | Auckland |
| Parties | Stein v Garrard's (NZ) Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant’s partner (“X”) also worked for respondent - Respondent became concerned about X’s activities following investigation into decline in business - Following X’s resignation respondent identified more serious concerns about X’s activities - While applicant on maternity leave respondent asked about knowledge of X’s activities - Applicant advised unaware of some activities and unaware respondent did not know of others - Respondent referred several matters to police - On applicant’s return to work advised to go home and wait for further contact as respondent unsure of applicant’s involvement with X’s activities - Respondent then advised applicant not prepared to resume applicant’s employment until police enquiry and any legal proceedings completed - Applicant advised respondent would not return to work and raised personal grievance - Authority found suspension breached clause in employment agreement in number of respects - Found breaches so far reaching in effect that respondent’s actions repudiatory of employment agreement - Found applicant’s indication would not return to work a response to respondent’s action - Applicant did not resign, was dismissed - Respondent had not finished investigation, so unable to conclude whether applicant guilty of misconduct - Dismissal unjustified - Remedies - No contributory conduct - Applicant obtained employment five weeks after dismissal - Reimbursement of five weeks wages awarded - Authority found relatively little evidence of injury to feelings - Modest award appropriate - $4,000 compensation awarded - ARREARS OF HOLIDAY PAY AND OTHER MONIES - Respondent acknowledged holiday pay owing - Respondent ordered to pay outstanding holiday pay - Applicant paid road user charges from personal funds instead of respondent’s - Applicant agreed to deduction for chainsaw X obtained - Respondent ordered to reimburse applicant $204.93 outstanding - Customer Service Representative |
| Result | Application granted ; Reimbursement of lost wages ($3,365.38) ; Arrears of holiday pay ($3,651.02) ; Compensation for humiliation etc ($4,000) ; Reimbursement for expenses ($204.93)(Road user charges) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Parental Leave and Employment Protection Act 1987 s39 |
| Number of Pages | 6 |
| PDF File Link: | aa 94_08.pdf [pdf 23 KB] |