| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 131/02 |
| Hearing date | 18 Apr 2002 |
| Determination date | 07 May 2002 |
| Member | D King |
| Representation | S Mechen ; K David |
| Location | Auckland |
| Parties | Graham v Mitsubishi Motors Ltd t/a Kirk Motors |
| Summary | UNJUSTIFIED DISADVANTAGE - Warnings issued for failure to follow procedure and use of offensive language - Alleged warnings unjustified - Alleged breach of good faith - Breach of confidentiality - Warnings procedurally fair and substantively justified - Applicant had acted contrary to procedure - Explanations unsatisfactory - Confidentiality breached when draft of warning accidentally left in open view - Respondent sufficiently apologised for incident - Breach of confidentiality not breach of good faith - No disadvantage - UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged unjustified warnings and breach of confidentiality formed course of conduct to force resignation - Warnings justified - Breach of confidentiality rectified - No harm resulted from breach - No course of conduct to encourage resignation - Dismissal not established - ARREARS OF WAGES - Failure to pay commission on sales - Alleged applicant reduced to uneconomic level - Contract did not allow for withholding of payment for reason expressed - Arrears claim established - Commercial vehicle salesperson |
| Result | Application dismissed (Unjustified dismissal and disadvantage) ; Application granted (Arrears of wages) ; Arrears of wages ($750) ; Interest (5 percent) ; Costs reserved |
| Cases Cited | Airline Stewards & Hostesses of New Zealand IUOW v Air New Zealand Ltd [1989] 2 NZILR 883;Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW [1994] 1 ERNZ 168; [1994] 2 NZLR 415 |
| Number of Pages | 4 |
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