| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 34/02 |
| Hearing date | 14 Feb 2002 - 15 Feb 2002 (2 days) |
| Determination date | 04 April 2002 |
| Member | N Taylor |
| Representation | J McCall ; D Harwood |
| Location | Christchurch |
| Parties | Payton v NZ Cashflow Control Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Employed pursuant to job-plus scheme with Ministry of Social Development - Alleged told no work available - Conflicting evidence - Credibility - Evidence of applicant preferred - Employment unilaterally and dramatically varied - Told little or no work available - Failure to provide reasonable minimum hours was breach of duty - Reasonably foreseeable would believe was sent away - Resignation not premature - Constructively dismissed - Discrimination and disadvantage claims not made out - ARREARS OF WAGES - Non-provision of vehicle - Non-payment of wages at higher rate - Wages claim resolved at time - No increase agreed - Vague promise of vehicle - Insufficient to form binding obligation - No arrears of wages owing |
| Result | Application granted in part ; Reimbursement of lost wages ($5,179.50) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168; [1994] 2 NZLR 415;Auckland etc Shop Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372;May v Ginger Molloy Motorcycles Ltd unreported, Goddard CJ, 9 February 2001, AC 3/01;Wellington etc Clerical Workers IUOW v Greenwich [1983] ACJ 965 |
| Number of Pages | 8 |
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