| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 210/09 |
| Hearing date | 10 Feb 2009 |
| Determination date | 26 June 2009 |
| Member | D King |
| Representation | C Bennett ; T Skinner |
| Location | Auckland |
| Parties | Dunnett v Gardening Aids Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant claimed respondent’s failure to persuade revocation of resignation constituted unjustified dismissal – Applicant claimed sent respondent resignation letter with reasons – Claimed respondent agreed to meet applicant to resolve issues raised however meeting never eventuated – Respondent argued applicant’s reasons for resignation not received – Respondent accepted applicant’s resignation and gave one week notice – Respondent requested applicant return work property and leave premises – Authority found no discussion on reasons for resignation and request to leave premises constituted unjustified dismissal – Found one week notice reasonable pursuant to employment agreement (“EA”) – Dismissal unjustified – REMEDIES – Authority declined award of compensation as respondent’s acceptance of applicant’s resignation reasonable - ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – Applicant claimed arrears of wages and holiday pay – Respondent argued applicant owed respondent monies therefore deductions lawful – Authority found deductions unlawful in absence of written consent – Respondent ordered to pay applicant arrears of wages and holiday pay - PENALTY – Applicant sought penalty for failure to provide written EA – Authority found EA offered however applicant failed to sign EA – Penalty declined |
| Result | Applications granted (Unjustified dismissal) (Arrears of wages) (Arrears of holiday pay) ; Application declined (Penalty) ; Arrears of wages and holiday pay (Quantum to be determined) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Wages Protection Act 1964 s4(1);Wages Protection Act 1964 s4(2);Wages Protection Act 1964 s5(1);Wages Protection Act 1964 s6(2) |
| Cases Cited | Inspector of Awards, Hastings v Eliasen t/a Mr Erin Chrysanthemums [1987] NZILR 126;Inspector of Awards v Michael Perry [1982] ACJ 51 |
| Number of Pages | 6 |
| PDF File Link: | aa 210_09.pdf [pdf 23 KB] |