| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 69/08 |
| Hearing date | 4 Mar 2008 |
| Determination date | 15 May 2008 |
| Member | P Cheyne |
| Representation | S Atkinson (in person) ; L & S Sutton (in person) |
| Location | Greymouth |
| Parties | Atkinson v Sutton's Moss Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Redundancy - Applicant claimed resigned because of unsafe working conditions and dismissed during notice period when job substantially changed - Duties not removed from applicant, principal merely decided not to delegate tasks - Heated exchange did not amount to sufficiently serious breach of duty that resignation reasonably foreseeable - Applicant previously discussed resigning - Parties agreed would work until Christmas - However, respondent mistakenly thought resignation as given not sufficient - Announced proposal to disestablish applicant’s position - Applicant did not work out remainder of notice - Applicant had resigned and indicated intention to work notice - Could not be said she abandoned employment or that respondent terminated employment for redundancy - No dismissal - No constructive dismissal - UNJUSTIFIED DISADVANTAGE - Because respondent did not appreciate resignation valid and binding, it embarked on a restructuring exercise - No genuine redundancy situation - No fair and reasonable employer would have continued process to dismiss as redundant an employee it knew had already resigned - By second meeting should have realised resignation effective and ended restructuring - Not a dismissal or sending away as ineffectual, applicant already ceased work with employment to terminate in accordance with notice - Respondent’s actions resulted in applicant not receiving full wages for notice period - Unjustified disadvantage - ARREARS - No agreement to pay overtime - Notice and holiday pay owing - Respondent to calculate amount owing - Authority would check with applicant and issue further determination - PENALTY - Failure to provide written employment agreement - No need to impose a penalty to impress on respondent or anyone else the importance of this obligation - COUNTERCLAIM - Respondent not able to offset alleged “advances” as no agreement for repayment - No unreturned property - Administrative assistant |
| Result | Application granted (disadvantage ) ; Compensation for humiliation etc ($2,500) ; Arrears of wages (notice period) ; Arrears of holiday pay (quantum to be determined); Application dismissed (dismissal, penalty and counterclaim) ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963 |
| Number of Pages | 10 |
| PDF File Link: | ca 69_08.pdf [pdf 36 KB] |